The NCLAT has ruled that the Insolvency and Bankruptcy Code (IBC) moratorium cannot be used to shield assets linked to money laundering under the Prevention of Money Laundering Act (PMLA). This means companies undergoing insolvency cannot escape ED action on proceeds of crime, clarifying the distinct spheres of civil debt recovery and criminal liability. For exam aspirants, this is a landmark judgment on statutory interplay between IBC and PMLA.
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- ›Company involved: Siddhi Vinayak Logistics Ltd
- ›Alleged loan fraud amount: Over Rs 1,600 crore
- ›Target this Data: Rs 1,600 crore loan fraud, Rs 2.29 crore ED withdrawal, 6,000 vehicles attached
- ›Target this Nodal Body: NCLAT (principal bench) – appellate tribunal for IBC matters
- ›Target this Legal Point: Section 14(1)(a) IBC vs Section 41 PMLA; Supreme Court cases: P. Mohanraj and Embassy Property Developments
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