# In the matter of V Hotels Limited vs Directorate Of Enforcement & Ors.

> HC judgment dated 2024-11-28. Citation: TCN-2024-HC-00139. V Hotels Limited filed a Writ Petition challenging the Provisional Attachment Order 18/2024 dated…

- **Court:** HC
- **Order date:** 28 Nov 2024
- **Citation:** TCN-2024-HC-00139
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/v-hotels-limited-vs-directorate-of-enforcement-ors-9e8987bb

## Summary

### Background

V Hotels Limited filed a Writ Petition challenging the Provisional Attachment Order 18/2024 dated 25th April, 2024 issued by the Directorate of Enforcement (Respondent No.1), the original Complaint No.2316 of 2024 dated 22nd May, 2024 filed by Respondent No.1 before the Adjudicating Authority, the show-cause notice dated 27th May, 2024 issued by Respondent No.2, and the Order dated 16th October, 2024 passed by Respondent No.2 confirming the Provisional Attachment Order dated 25th April, 2024.

## Facts

V Hotels Limited (Petitioner) underwent a Corporate Insolvency Resolution Process (CIRP) under the IBC, 2016.

A resolution plan for V Hotels Limited was approved by the NCLT on 26th April, 2024.

The Directorate of Enforcement (Respondent No.1) issued a Provisional Attachment Order dated 25th April, 2024, attaching the properties of V Hotels Limited.

The Adjudicating Authority confirmed the Provisional Attachment Order on 16th October, 2024.

The Petitioner challenged the Provisional Attachment Order and its confirmation, arguing that Section 32A of the IBC provides immunity from attachment after the approval of a resolution plan.

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## Issues and analysis

### Issue 1: Whether Section 32A of the IBC, 2016 provides immunity from prosecution and attachment of …

**Ratio:** Section 32A of the IBC is a non-obstante provision that provides immunity from

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**Reasoning:** The Court relied on the plain reading of Section 32A of the IBC, as well as the decisions

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**Interpretation:** Section 32A protects the corporate debtor from prosecution for offenses

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**Application:** In this case, the Court found that a resolution plan had been approved by the

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## Parties

- **Judges:** B. P. COLAB…; SOMASEKHAR…
- **Respondents:** V Hotels L…; DIRECTORATE OF…; +2 more
- **Other parties:** Kalabu…; Anish Niranjan…
- **Advocates:** Janak Dwa…; Gauri J…; +9 more

## Timeline

- **2024-04-25 — Provisional Attachment…**: Directorate of Enforcement issued…
- **2024-04-26 — Resolution Plan…**: NCLT approved the resolution…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 31 — Approval of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-31)

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