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IBC - Highlights / Catch Notes

Home Highlights February 2022 Year 2022 This

Proceedings under PMLA while CIRP is in process - Provisional ...


PMLA Proceedings Override IBC During CIRP for Provisional Attachment of Crime Proceeds, Tribunal Confirms Alignment with UN Resolutions.

February 15, 2022

Case Laws     Insolvency and Bankruptcy     AT

Proceedings under PMLA while CIRP is in process - Provisional Attachment of the Properties - In fact, ‘The Prevention of Money Laundering Act, 2002’ is to fulfill our Country’s obligation in adhering to the United Nations Resolutions and in regard to Assets/Properties being the ‘Proceeds of Crime’, it takes a ‘primacy and precedence’ over the ‘Insolvency and Bankruptcy Code, 2016’ which promotes “Resolution’ as its objective over Liquidation in the considered opinion of this ‘Tribunal’. - AT

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