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2020 (12) TMI 518 - Tri - Insolvency and BankruptcyDirection to declare the attachment of the only property of the corporate debtor as Null and Void - petitioner would contend the present Application is not maintainable at the instance of Resolution Professional because PAO was passed on 17.10.2018 which was prior to commencement of CIRP against Corporate Debtor - PAO was also confirmed by the Adjudicating Authority under PMLA - resolution plan not approved - whether this Adjudicating Authority can set aside the order of attachment passed under the provisions of PMLA on the ground that attachment is in contravention of moratorium order passed under Section 14 of IBC? HELD THAT:- The attachment was effected prior to the commencement of CIRP - The Hon'ble Appellate Authority NCLAT in the matter of Rotomac Global v. Deputy Director [2019 (9) TMI 797 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] has held that Section 14 of IBC is not applicable. Section 32(A) is also not applicable to the facts of the present case since CoC has not yet approved any Resolution Plan as on the date of issue of PAO. Application dismissed.
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