Mumbai, Sep 17 (IANS) In a major relief to fintech firm 63 moons, the Prevention of Money Laundering Act (PMLA) Appellate Tribunal on Tuesday ordered the release of the company's assets which were attached by the Enforcement Directorate (ED), 63 moons said in a statement.
However, the release of the assets is subject to the filing of an indemnity bond by the company within a week and the tribunal has restrained the company from dealing with the released assets till pendency of the trial, a 63 moons statement said.
The company also said that seeking an indemnity bond when the orders of attachment have been quashed is beyond the jurisdiction of the tribunal, and the company would take legal action against the restraint mentioned in the order.
"The tribunal has restrained 63 moons from dealing with the released assets till pendency of the trial of the larger issues in the PMLA court. 63 moons, based on sound legal advice, is of the opinion that passing of this sort of restraint order and of seeking an indemnity bond, particularly when the orders of attachment have been quashed, is beyond the power of the Tribunal under the PMLA," it said.
It added: "63 moons will take appropriate legal recourse against this part of the order."
The latest relief comes after the Bombay High Court last month ruled that the National Spot Exchange Ltd (NSEL) is not a financial institution and hence notifications for attachment of the company's assets, including bank accounts and properties, under the Maharashtra Protection of Interests of Depositors (MPID) in Financial Establishments Act, 1999 Act stood quashed.
The court also declined to stay its order as was requested by the Economic Offences Wing (EoW) of the Mumbai Police.
"We have considered the arguments of the learned senior counsel appearing on both sides and we are of the express view that on exhaustive discussion, we have already concluded that NSEL is not a 'financial establishment' within the purview of the Maharashtra Protection of Interests of Depositors (MPID) in Financial Establishments Act, 1999, and in such circumstances, we decline the prayer made by the learned senior counsel (Rafique) Dada," the Bombat High Court order had said.
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