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    <title>2025 (6) TMI 267 - APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=772154</link>
    <description>The Appellate Tribunal under SAFEMA ruled that properties mortgaged with the appellant bank, which were attached by ED under PMLA, can be disposed of as per the approved resolution plan under IBC. The Tribunal held that Section 32-A(2) of IBC prohibits action against corporate debtor&#039;s property for pre-CIRP offences. Since the resolution plan for the corporate debtor was approved by the Committee of Creditors, the mortgaged properties can be disposed of before NCLT as per the resolution plan terms. If the resolution plan fails, the appellant may approach the Special Judge for auction sale under PMLA provisions. Appeal disposed of.</description>
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    <pubDate>Tue, 13 May 2025 00:00:00 +0530</pubDate>
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      <title>2025 (6) TMI 267 - APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=772154</link>
      <description>The Appellate Tribunal under SAFEMA ruled that properties mortgaged with the appellant bank, which were attached by ED under PMLA, can be disposed of as per the approved resolution plan under IBC. The Tribunal held that Section 32-A(2) of IBC prohibits action against corporate debtor&#039;s property for pre-CIRP offences. Since the resolution plan for the corporate debtor was approved by the Committee of Creditors, the mortgaged properties can be disposed of before NCLT as per the resolution plan terms. If the resolution plan fails, the appellant may approach the Special Judge for auction sale under PMLA provisions. Appeal disposed of.</description>
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      <law>Money Laundering</law>
      <pubDate>Tue, 13 May 2025 00:00:00 +0530</pubDate>
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