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    <title>2025 (6) TMI 2133 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, CHENNAI</title>
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    <description>Attachment over a corporate debtor&#039;s property under the Tamil Nadu Revenue Recovery Act, 1864 was held removable in liquidation under the Insolvency and Bankruptcy Code, 2016 because the attaching authority had already lodged its claim with the liquidator. The tribunal reasoned that sale of the asset through the liquidation process would serve the same recovery objective, and that the attachment did not confer a right to insist on enforcement outside the insolvency framework. Section 238 of the IBC was treated as overriding inconsistent recovery ures, and the authority&#039;s reliance on priority of dues and secured creditor status did not justify retaining the attachment. The direction to remove the attachment was upheld.</description>
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      <description>Attachment over a corporate debtor&#039;s property under the Tamil Nadu Revenue Recovery Act, 1864 was held removable in liquidation under the Insolvency and Bankruptcy Code, 2016 because the attaching authority had already lodged its claim with the liquidator. The tribunal reasoned that sale of the asset through the liquidation process would serve the same recovery objective, and that the attachment did not confer a right to insist on enforcement outside the insolvency framework. Section 238 of the IBC was treated as overriding inconsistent recovery ures, and the authority&#039;s reliance on priority of dues and secured creditor status did not justify retaining the attachment. The direction to remove the attachment was upheld.</description>
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