Attachment under PMLA cannot be undone because of CIRP

Anil Kohli Vs Directorate of Enforcement (NCLAT Delhi) NCLAT Delhi held that section 238 of the Insolvency & Bankruptcy Code, 2016 [IBC] cannot override the Prevention of Money Laundering Act, 2002 [PMLA]. Thus, attachment under PMLA cannot be undone merely because CIRP is ongoing. Facts- This appeal arises from the impugned order dated 21.05.2018, passed by the National Company Law Tribunal (NCLT), Mumbai Bench (‘Adjudicating Authority’). The appeal has been filed u/s. 61(1) of the Insolvency and Bankruptcy Code, 2016 by Mr. Anil Kohli, the Resolution Professional (RP) for Dunar Food...