HC dismisses Hasan Ali Khan wife’s plea
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Attachment of property.
The Bombay High Court on Thursday dismissed an application filed by Rheema Khan, wife of Pune stud farm owner Hasan Ali Khan, challenging an order passed by the appellate tribunal under the Prevention of Money Laundering (PMLA) Act, 2002 that had upheld the order for attachment of the properties owned by the Khans. These include residential apartments in Pedder Road in Mumbai, Koregaon Park in Pune and six cars.
The court, however, stated that the Pedder Road house where Rheema and her son live and a car — Porsche Cayenne worth Rs 61.5 lakh — may not be attached immediately and granted Khan two weeks to approach the PMLA tribunal to seek further stay on the attachment order.
In February 2007, the Income Tax department had ordered the attachment of the flats in Pune and Mumbai worth Rs 8.64 crore and Rs 6 crore. The deputy director of the Enforcement Directorate (ED) passed a provisional order of attachment of Khan's cars on June 30, 2011. The cars included the Cayenne, three Mercedez Benz worth Rs 28.84 lakh, Rs 27.01 lakh and Rs 33 lakh respectively, an Opel Corsa worth Rs 4.90 lakh and a Hyundai Sonata worth Rs 12.72 lakh.
Rheema first challeneged the attachment order before the ED's adjudicating authority on November 3, 2011. Khan then approached the appellate tribunal under PMLA seeking a stay on the provisional order of attachment. The tribunal, however, rejected Khan's application on February 2, 2012. It is then that Rheema approached HC.
Except for one car, the other cars can be attached forthwith, said ED's counsel Revati Dere.
In her petition, Rheema contended that the attachment of their property would cause grave hardship to them as she and her son live in their house in Mumbai and her aged parents live in their Pune flat. She also contended that their property cannot be attached under PMLA as they had purchased it much before the Act came into force in 2002.