SC allows M3M Group's plea for substitution of provisionally attached property
Supreme Court
has allowed realty firm
M3M Group
's plea for substitution of the provisionally attached property by the
Enforcement Directorate
under the
Prevention of Money Laundering Act
, 2002.
A bench of Justices P S Narasimha and R Mahadevan, however, said the substitution of the property would be subject to nine conditions as suggested by ED.
"We have heard Dr Abhishek Manu Singhvi, senior counsel appearing for the petitioner and considered the matter in detail. The petitioners, namely, M/s. M3M India Pvt. Ltd. and M/s. M3M India Infrastructure Pvt. Ltd. have also filed an affidavit agreeing to the conditions. While we allow the substitution of the property as indicated...the same shall be subject to the conditions...." the bench said.
The top court's order came on a plea filed by M3M Group challenging the Punjab & Haryana High Court's order refusing to substitute their provisionally attached property.
One of the conditions submitted by ED before the top court states that M3M Group should establish clear and marketable title along with undisputed ownership of the assets proposed for substitution, supported by verifiable documentary evidence, to the satisfaction of the court.
"The substituted assets must be free from all encumbrances, including mortgages, liens, pledges or any third-party claims or security interests and a certificate to this effect must be submitted by the petitioner. The petitioner must provide a notarised undertaking that the substituted property will not be sold, transferred, or otherwise alienated during the pendency of proceedings," the condition said.
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