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2020 (12) TMI 1334 - Tri - Insolvency and BankruptcySeeking to set aside the attachment of the property of the corporate debtor by the respondent (E.D.) - whether NCLT can set aside the order passed by Enforcement Directorate? - HELD THAT:- It is clear that this Adjudicating Authority has no jurisdiction under section 60(5) and/or 32A(2) of the IB Code or under Rule 11 of the NCLT, to quash and/or set aside the order so passed by a Competent Authority of Enforcement Directorate (ED) under the PMLA. This Adjudicating Authority is not vested with the power of judicial review over administrative action or ¡s sitting as an Appellate Authority for the order so passed by the Competent Authority. Section 32A of the IBC does not envisages any right upon this Adjudicating Authority to interfere in order passed by some Competent Authority. For this purpose, Applicant may approach the Appellate/Higher Authority of the concerned Competent Authority, who has passed the order in question. In view of this, it is opined that the Applicant may put forward his grievances before the concerned authority, who has passed the order and/or their Higher/Appellate Authority, as the case may be. There are no merit in the Application, hence, the instant application is not maintainable - application dismissed.
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