JUDGMENT

A. PROLOUGE

1. This writ petition raises the important question of the impact that a moratorium that comes into effect in terms of Section 14 of the Insolvency and Bankruptcy Code, 2006¹ would have on the powers of the Enforcement Directorate² to enforce an attachment under the provisions of the Prevention of Money Laundering Act, 2002³ . The petition raises a challenge to orders of attachment which have been made by the ED in exercise of powers conferred by the PMLA. While the writ petition as originally framed had assailed the validity of Provisional Attachment Orders⁴ dated 08 July 2020 and 05 August 2020, subsequently and since those orders came to be confirmed by the Adjudicating Authority, an amendment application was moved questioning the confirmation orders dated 01 January 2021 and 29 January 2021. The petition has been instituted by the Resolution Professional⁵ of Era Infra Engineering Limited⁶ which was admitted to insolvency proceedings under the provisions of the IBC. The challenge to the orders of attachment is essentially founded on the provisions of Section 14 of the aforesaid enactment with the petitioner contending that once the moratorium had come