https://www.taxtmi.com/caselaws?id=781880 NCLAT held that the adjudicating authority erred in refusing to direct release of a specific residential unit covered by an approved resolution plan on the mere assumption that it was covered by an interim order of SC protecting a provisional attachment by ED. It was the adjudicating authority's duty to first ascertain whether the flat was actually included in the ED's provisional attachment. By shifting this responsibility to the respondent and granting only conditional liberty to seek release, the authority acted illegally. The impugned order was set aside and the matter remanded for fresh consideration after hearing all parties. en-us Tue, 18 Nov 2025 00:00:00 +0530 Sat, 22 Nov 2025 07:36:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=781880 NCLAT held that the adjudicating authority erred in refusing to direct release of a specific residential unit covered by an approved resolution plan on the mere assumption that it was covered by an interim order of SC protecting a provisional attachment by ED. It was the adjudicating authority's duty to first ascertain whether the flat was actually included in the ED's provisional attachment. By shifting this responsibility to the respondent and granting only conditional liberty to seek release, the authority acted illegally. The impugned order was set aside and the matter remanded for fresh consideration after hearing all parties. Case-Laws IBC Tue, 18 Nov 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=781880