PANJIM: In a major relief to Opposition leader Digambar Kamat and his wife Asha, the High Court of Bombay at Goa has set aside an order by the Tribunal for ‘raising attachment’ of properties worth Rs 1.19 crore.
The Enforcement Directorate, during its investigation in 2017 had attached immovable properties and fixed deposits receipts to tune of Rs 1.19 crore. Both Digambar Kamat and his wife moved the Tribunal seeking to raise the attachments, which were opposed by the ED, even conditionally.
The Tribunal had partly allowed the appeal wherein the attachment in respect of immovable properties was raised subject to certain conditions and the attachment in respect of FDRs was confirmed and directed to continue. Kamats appealed before the High Court.
The Bench, during the hearing opined that conditions imposed by the Tribunal for setting aside the attachment of the immovable properties deserve to be set aside. So also, the continuance of the attachment of the FDRs by the Tribunal deserved to be set aside.
“The appeal is hereby allowed and the impugned order is set aside. However, the statement made on behalf of the appellants-Kamats that they will not sell, transfer, alienate, encumber or liquidate or encash the attached properties/FDRs referred to in para 5 of this judgment and order until the conclusion of PMLA Case No.1/2018 pending before the Special Court at Mapusa and for one month thereafter, is hereby accepted,” reads a part of the order by Division Bench of Justice M S Sonak and Justice M S Jawalkar.
“In case Kamats wish to alienate or encumber any of the immovable properties or to liquidate any of the FDRs, they will have to seek prior permission from the Special Court where the PMLA Case No.1/2018 is pending. Such application, if made, will have to be disposed of on its own merits and in accordance with law after affording an opportunity of hearing to the ED on the same.”
The High Court also directed the Special Court at Mapusa is directed to dispose of PMLA Case as expeditiously as possible.
