Ashok Kumar Sarawagi Vs. Enforcement Directorate Government of India

NCLAT upheld, Adjudicating Authority is not empowered to deal with the matters falling under PMLA – Ashok Kumar Sarawagi, RP of Kohinoor Steel Pvt. Ltd. Vs. Enforcement of Directorate & Anr. – NCLAT New Delhi

NCLAT held that the issue which has been raised before us is covered by Three Member Bench Judgment in Kiran Shah (2022) ibclaw.in 10 NCLAT. Learned Counsel for the Respondent is also right in submission that against the judgment of this Tribunal dated 02.03.2019 in Varrsana Ispat Limited [2019] ibclaw.in 67 NCLAT, Civil Appeal No. 5546 of 2019 was filed by Varrsana Ispat Ltd. which Civil Appeal was dismissed on 22.07.2019. The judgment of Varrsana has been relied by Three Member Bench in Kiran Shah.

NCLAT upheld, Adjudicating Authority is not empowered to deal with the matters falling under PMLA – Ashok Kumar Sarawagi, RP of Kohinoor Steel Pvt. Ltd. Vs. Enforcement of Directorate & Anr. – NCLAT New Delhi Read Post »

NCLT is not empowered to deal with the matters falling under PMLA – Ashok Kumar Sarawagi Vs. Enforcement Directorate, Government of India – NCLT Kolkata Bench

The Adjudicating Authority held that with utmost regard to the order relied upon by the Applicant, is bound by the order Varrsana Ispat Limited Vs. Deputy Director of Enforcement [2019] ibclaw.in 67 NCLAT passed by Hon’ble 3 Member Bench of NCLAT which took the view that NCLT is not empowered to deal with the matters falling under PMLA. In the present case since notice impugned has been issued under the Prevention of Money Laundering Act, 2002 therefore, this application is not maintainable and the same is rejected.

NCLT is not empowered to deal with the matters falling under PMLA – Ashok Kumar Sarawagi Vs. Enforcement Directorate, Government of India – NCLT Kolkata Bench Read Post »

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