Under the Prevention of Money Laundering Act, 2002 (PMLA), the Enforcement Directorate can provisionally attach property, and an Adjudicating Authority decides whether the attachment is confirmed. If the order goes against you, the Act provides a route of appeal. Appealfiling.in helps individuals and businesses challenge such orders.

The PMLA Appeal Process

  1. Appellate Tribunal. An appeal against an order of the Adjudicating Authority is filed before the Appellate Tribunal under the PMLA, generally within 45 days of receiving the order. The Tribunal may allow a late appeal if there was sufficient cause.
  2. High Court. A further appeal against the Tribunal's decision lies to the High Court on a question of law, within the time allowed by the Act.
  3. Supreme Court. The Supreme Court can be approached against the High Court's decision in the manner the law allows.

Criminal proceedings under the PMLA, such as bail, are separate from these appeals and are dealt with by the courts. We will explain at the outset what each proceeding involves.

How We Help

  • Review the attachment order, the complaint and the Adjudicating Authority's order
  • Identify grounds such as the source of funds, the nature of the property and procedural defects
  • Draft the appeal and prepare the supporting documents
  • Appear before the Tribunal and argue your case
  • Advise on the next step if the Tribunal's order is against you

Documents We Usually Ask For

  • The provisional attachment order and the Adjudicating Authority's order
  • Notices received and the replies filed
  • Documents showing how the attached property was acquired
  • Bank statements, sale deeds and other proof of lawful source of funds

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Frequently Asked Questions

What can be appealed under the PMLA?

An order of the Adjudicating Authority, for example one that confirms a provisional attachment, can be appealed to the Appellate Tribunal. The Act also allows appeals against certain other orders. We check which route applies to your order.

What is the time limit for a PMLA appeal?

An appeal to the Appellate Tribunal generally has to be filed within 45 days of receiving the order. The Tribunal may allow a late appeal if there is sufficient cause, but it is safest to act quickly.

Does an attachment mean I lose my property?

No. A provisional attachment restricts dealing with the property while the matter is examined. It is only after the Adjudicating Authority confirms the attachment that you need to appeal, and the appeal is your opportunity to challenge it.

This page is general information and not legal advice. Time limits, forms and fees change, and the law that applies depends on your facts and the year involved. Please contact us so we can check the current position for your case.