Supreme Court: In a special leave petition (‘SLP’) having question of law, whether Enforcement directorate (‘ED’) can attach properties of corporate debtor once moratorium is in force, and whether the National Company Law Tribunal is empowered to decide application seeking setting aside of attachment order issued after issuance of moratorium, the division bench of UU Lalit and Bela M. Trivedi issued notice on the SLP as well as on the application seeking condonation of delay.

The petitioner relied on Varrsana Ispat Ltd. v. Directorate of Enforcement, 2018 SCC OnLine NCLAT 448 and Kiran Shah v. Directorate of Enforcement, Kolkata, 2022 SCC OnLine NCLAT 2 wherein the order of attachment made by the Enforcement Directorate was much prior to the initiation of the Corporate Insolvency Process. Further, it was submitted that the facts in the instant case are completely distinguishable, and the provisional attachment order was passed after initiation of proceedings under the Insolvency and Bankruptcy Code, 2016.

The matter will next be taken up on 21-11-2022

[Ashok Kumar Sarawagi v. Enforcement Directorate, 2022 SCC OnLine SC 1713, decided on 1-11-2022]

Advocates who appeared in this case :

Counsel for Petitioner:- Senior Advocate Dhruv Mehta;

Advocate Tishampati Sen;

Advocate-On-Record Riddhi Sancheti;

Advocate Anurag Anand;

Advocate Anupama Dhurve.

*Apoorva Goel, Editorial Assistant has reported this brief

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