# In the matter of Anup Kumar Singh vs. Union of India & others.

> HC judgment dated 2025-04-16. Citation: TCN-2025-HC-00018. The writ petition was filed to quash notices dated 30.11.2022 and 30.01.2023 issued under the…

- **Court:** HC
- **Order date:** 16 Apr 2025
- **Citation:** TCN-2025-HC-00018
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/anup-kumar-singh-vs-union-of-india-others-0ff098a3

## Summary

### Background

The writ petition was filed to quash notices dated 30.11.2022 and 30.01.2023 issued under the Foreign Exchange Management Act, 1999 (FEMA). The Corporate Insolvency Resolution Process (CIRP) of Shree Ganesh Jewellery House (I) Pvt. Ltd. commenced on 12.02.2018. The NCLT directed liquidation on 14.09.2018. The petitioner was appointed as the liquidator. Respondent No.2 issued a provisional order of attachment (POA) under the Prevention of Money Laundering Act, 2002 (PMLA) on 16.04.2019, which was later set aside. The respondent No. 2 then issued a Provisional Seizure Order under Section 37A of FEMA. The petitioner received a petition u/s 37A(2) of FEMA seeking confirmation of the Provisional Seizure Order.

## Facts

The Corporate Insolvency Resolution Process (CIRP) of Shree Ganesh Jewellery House (I) Pvt. Ltd. commenced on 12.02.2018. On 14.09.2018, the NCLT directed that Shree Ganesh should be liquidated. The writ petitioner was appointed as the liquidator. Respondent No.2 issued a provisional order of attachment (POA) under the PMLA on 16.04.2019, which was not confirmed. On 30.11.2022, the writ petitioner received an order of seizure issued by respondent no. 2 under Section 37A of FEMA. On 31.01.2023, the writ petitioner received a petition u/s 37A(2) of FEMA seeking confirmation of the Provisional Seizure Order. The respondent no. 3 confirmed the Provisional Seizure Order on 23.05.2023. The petitioner filed an appeal before the Appellate Tribunal against the confirmation

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## Issues and analysis

### Issue 1: Whether the provisional seizure order and notices issued under FEMA are valid in light of the …

**Ratio:** Section 33(5) of the IBC imposes a moratorium on the institution or continuation of suits

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**Reasoning:** The court reasoned that the issuance of the Provisional Seizure Order and the notice were

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**Interpretation:** Section 33(5) of the IBC is interpreted to mean that once a liquidation order

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**Application:** The court applied this ratio to the facts of the case, finding that the

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## Parties

- **Judges:** Jay Sen…
- **Appellants:** Anup Kumar…
- **Respondents:** Shree Ganesh…; Union of…
- **Other parties:** Kohi…

## Timeline

- **2018-02-12 — CIRP Commen…**: Corporate Insolvency Resolution Process (CIRP) of Shree Ganesh Jewellery House (I) Pvt.…
- **2018-09-14 — Liquidation…**: NCLT directed that Shree…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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