NCLT denies to invoke jurisdiction u/s 60(50(c) in case of summons issued by the Enforcement Directorate under PMLA law are related to some investigation about the affairs of the Corporate Debtor and its officers prior to the CIRP – Siddhi Vinayak Logistics Ltd. Through its Liquidator Mr. Dushyant Dave Vs. The Deputy Director Directorate of Enforcement – NCLT Ahmedabad Bench
August 4, 2022
The Liquidator made payer to quash and set-aside certain summons/orders of attachment by the Enforcement Directorate during the investigation of the PMLA case registered against the Corporate Debtor and its officers. NCLT held that the summons/orders issued by the Enforcement Directorate/Adjudicating Authority /Appellate Authority under that law are related to some investigation about the affairs of the Corporate Debtor and its officers prior to the CIRP. It has no relation of whatsoever nature about the insolvency of the Corporate Debtor or its liquidation process. The prayers as made therein are not maintainable before this Adjudicating Authority invoking provisions under section 60(5(c) of the IBC, 2016. Hence, applications to that extent need to be rejected.