2024 (8) TMI 23

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..... ocess, after lifting the attachment order issued by the Enforcement Directorate - HELD THAT:- Reliance is placed on the judgments of the High Court of New Delhi in Rajiv Chakraborty Resolution Professional of EIEL v. Directorate of Enforcement [ 2022 (11) TMI 600 - DELHI HIGH COURT ] and that of the High Court of Gujarat in AM MINING INDIA PRIVATE LIMITED VERSUS UNION OF INDIA [ 2023 (8) TMI 1489 .....

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..... ONOURABLE MR. JUSTICE T. R. RAVI ORDER The petitioner is the Liquidator of M/s. Atlas Gold Township (India) Private Limited, which is corporate debtor in the proceedings before the National Company Law Tribunal (NCLT). Liquidation proceedings have already been initiated. Pending the liquidation proceedings, the property has been attached at the instance of the Enforcement Directorate. The Liquidat .....

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..... red by the Enforcement Directorate, the proceedings before the NCLT will have to prevail over the proceedings of the Enforcement Directorate. The Court had interpreted the non obstante clause in the two enactments. I do not propose to go into the merits of the said contention. However, I am of the opinion that the interest of the parties can be safe guarded pending this litigation by permitting th .....

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