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2022 (5) TMI 399 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIOrder of provisional attachment binding on the Corporate Debtor or not - HELD THAT:- The issue which has been raised before us is covered by Three Member Bench Judgment in KIRAN SHAH, ‘RESOLUTION PROFESSIONAL’ OF KSL AND INDUSTRIES LTD VERSUS ENFORCEMENT DIRECTORATE, KOLKATA THROUGH SHRI SHEO DAYAL CHAND, JOINT DIRECTOR GOVT OF INDIA [2022 (2) TMI 583 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI]. Submissions which are sought to be raised by the Counsel for the Appellant were noticed and answered by Three Member Bench - It was held in the case that this Tribunal makes it candidly clear that filing of Application under Section 60(5) of the I & B Code is not an all pervasive one, thereby conferring Jurisdiction to an Adjudicating Authority (NCLT) to determine any question/issue of priorities, question of Law or Facts pertaining to the ‘Corporate Debtor’ when in reality in Law, the Adjudicating Authority (NCLT) is not empowered to deal with the matters falling under the purview of another authority under PMLA. The Adjudicating Authority did not commit any error in rejecting the application filed by the Resolution Professional challenging the order passed by the PMLA Court - appeal dismissed.
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