J.B.Pardiwala,J. - (1.)This appeal purported to be one under Section 42 of the Prevention of Money Laundering Act, 2002 (as amended) is at the instance of the Directorate of Enforcement and is directed against the order passed by the adjudicating authority under the Prevention of Money Laundering Act, 2002, New Delhi, dated 12th February 2021 in the O. A. No.429 of 2020 in ECR/07/DLZO-II/2015, by which the adjudicating authority ordered release of cash of a particular amount including assorted foreign currency in the form of US Dollars in all the cases which were before the adjudicating authority.
(2.)This Court admitted the present appeal vide order dated 12th July 2021 and on the Civil Application, granted relief staying the operation, implementation and execution of the impugned order passed by the adjudicating authority.
(3.)Today, when the matter was taken up for further hearing, Mr. Mihir Thakore, the learned Senior Counsel assisted by Mr. Jaimin Dave and Mr. Ankit Talsania, the learned counsel appearing for the respondents raised a preliminary objection as regards the maintainability of the present appeal. Mr. Thakore pointed out that in fact, against the order passed by the adjudicating authority, an appeal would lie before the Tribunal under Section 26 of the Act, 2002 and against the order passed by the Tribunal, a Second Appeal would lie before the High Court under Section 42 of the Act, 2002. Mr. Thakore pointed out that the present appeal with the nomenclature that the same is under Section 42 of the Act could not be said to be maintainable in law. Mr. Thakore further pointed out that in fact, the appellant herein has already filed the appeal before the Tribunal against the impugned order passed by the adjudicating authority, however, as the Judicial Officer is not available in the Tribunal, the appellant herein thought fit to prefer a parallel appeal before this High Court under the nomenclature that the same is under Section 42 of the Act, 2002.