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2024 Supreme(Bom) 406

B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Shiv Charan – Appellant
Versus
Adjudicating Authority under the Prevention of Money Laundering Act, 2002, Department of Revenue, Ministry of Finance, New Delhi – Respondent


Advocate Appeared:
For the Petitioner:Mr. Devang Vyas, ASG a/w. Mr. Ashish Chavan, Mr. Shelang Shah & Mr. Zishan Quazi, Advocates, Mr.Vikram Nankani, Senior Advocate a/w. Mr. Mayur Khandeparkar, Ms. Akanksha Saxena, Mr.Aditya Ajgaonkar, G. Aniruth Purusothaman & Joshua Borges
For the Respondent:Mr.Vikram Nankani, Senior Advocate a/w. Mr. Mayur Khandeparkar, Ms. Akanksha Saxena, Mr.Aditya Ajgaonkar, G. Aniruth Purusothaman & Joshua Borges, Advocates, Mr. Devang Vyas, ASG a/w. Mr. Ashish Chavan, Mr. Shelang Shah & Mr. Zishan Quazi, Advocates

JUDGMENT :

Somasekhar Sundaresan, J.

1. Rule. Respondents in each petition, waive service. By consent of parties, rule made returnable forthwith, and both the petitions are taken up for hearing and final disposal.

2. The implications of Section 32A of the Insolvency and Bankruptcy Code, 2016 (for short, the "IBC, 2016") for corporate debtors and their assets, upon approval of resolutions, and indeed for enforcement agencies that have attached assets of such corporate debtors, fall for consideration in the captioned Writ Petitions. Section 32A of the IBC, 2016 provides for immunity to corporate debtors and their assets, upon approval of a resolution plan, subject to certain conditions stipulated in that provision.

Factual Matrix:

3. The case at hand involves resolution of DSK Southern Projects Private Limited ("Corporate Debtor") under the IBC, 2016. The Corporate Debtor had been subjected to a Corporate Insolvency Resolution Process (“CIRP”) since 9th December, 2021 at the instance of a financial creditor. Eventually, a resolution plan propounded by Mr. Shiv Charan, Ms. Pushpalata Bai and Ms. Bharti Agarwal ("Resolution Applicants") came to be approved by the Learned National Company La

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