HC: PMLA overrides debt recovery laws for attachment of ‘proceeds of crime`
The Bombay High Court (HC) has held that the Prevention of Money Laundering Act (PMLA) has an overriding effect over debt recovery laws such as the SARFAESI Act and the Recovery of Debts and Bankruptcy (RDB) Act when it comes to the attachment of “proceeds of crime”, news agency PTI reported. In a judgment delivered on March 23, the Nagpur bench set aside previous orders of the PMLA Appellate Tribunal, which had favoured banks’ rights to recover debts from attached properties. The bench, comprising Justices MS Jawalkar and Nandesh Deshpande, observed that debt recovery laws like SARFAESI and RDB “would not render PMLA subservient to them due to the distinct objects and purposes of the two enactments”. The court emphasised that PMLA’s legislative objective of confiscating proceeds of crime is separate from the debt recovery framework, and hence, debt recovery laws cannot override the Act. The case dates back to a 2012 Central Bureau of Investigation (CBI) probe into Grace Industries Ltd over irregularities in coal block allocations. The Enforcement Directorate (ED) identified about Rs …


-1774252564316_d.png)



-1769270271470_d.png)

