2022 (5) TMI 399

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.... Heard Shri Ratnanko Banerji, Learned Senior Counsel for the Appellant and Shri Zoheb Hossain, Learned Counsel appearing for the Respondent. 2. This Appeal has been filed against the order dated 02.03.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata in C.P. (IB) No. 82/KB/2019 deciding I.A (IB) No. 74/KB/2022. I.A (IB) No. 74/KB/2022 was filed by the Appellant- Resolution Professional praying for following reliefs:- "a) Declaration that the Provisional Attachment Order dated December 30, 2021 is null and void and not binding on the Corporate Debtor and the same be ordered to be quashed and/or set aside; b) Stay of operation of the Provisional Attachment Order dated Dec....

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....uch proceedings". 52. We have heard the Ld. Counsel for both the parties and perused the record available before this Adjudicating Authority We are of the view that this Adjudicating Authority, with utmost regard to the order relied upon by the Applicant, is bound by the order dated 3rd of January, 2022 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 hereby rejected." 4. Consequently, I.A (IB) No. 74/KB/2022 was dismissed. 5. Learned Counsel for the Appellant has....

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....le of Stare Decisis'. 110. As far as the present case is concerned, the 'Appellant/Resolution Professional' even though has filed Company Appeal (AT)(Ins) No. 817 of 2021 being dissatisfied with the order dated 31.12.2020 in IA 81 of 2020 in CP(IB) No. 397/NCLT/AHM/2018 [filed by the Applicant/IRP for KSL Industries Ltd./Corporate Debtor under Sections 14,18,25 & 60(5) of Code] seeking to set aside the 'Attachment of the Property of the 'Corporate Debtor' by the Respondent/Enforcement Directorate vide order dated 24.10.2019 passed by the 'Adjudicating Authority' PMLA etc., this 'Tribunal' makes it candidly clear that filing of Application under Section 60(5) of the I & B Code is not an 'all pervasive' one, thereby conferring 'Juris....