# In the matter of Kannan Tiruvengadam  Vs The Union Of India & Ors

> HC judgment dated 2023-10-12. Citation: TCN-2023-HC-00030. This case involves an intra-Court appeal against an order dated 28th June, 2023, passed in WPA…

- **Court:** HC
- **Order date:** 12 Oct 2023
- **Citation:** TCN-2023-HC-00030
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/kannan-tiruvengadam-vs-the-union-of-india-ors-bb4bae71

## Summary

### Background

This case involves an intra-Court appeal against an order dated 28th June, 2023, passed in WPA No.2343 of 2023. The appellant, Kannan Tiruvangadam, is the writ petitioner who was appointed as a liquidator by the National Company Law Tribunal (NCLT) in CP(IB) No.1290/KB/2018 in respect of Jas Infrastructure & Power Limited. The Enforcement Directorate (ED) had attached the assets of the Corporate Debtor under the Prevention of Money Laundering Act (PMLA), 2002. The liquidator sought to sell these assets, leading to the writ petition. The ED opposed the sale, arguing that the matter falls under the jurisdiction of the Special Court constituted to handle cases related to the 'Coal Scam'.

## Facts

1. Kannan Tiruvangadam was appointed as a liquidator by the National Company Law Tribunal (NCLT) for Jas Infrastructure & Power Limited in CP(IB) No.1290/KB/2018.
2. The Enforcement Directorate (ED) had provisionally attached the assets of Jas Infrastructure & Power Limited under the Prevention of Money Laundering Act (PMLA), 2002, via Order No. 2 of 2018, dated 12th June, 2018.
3. The Adjudicating Authority under the PMLA confirmed the provisional attachment on 4th December, 2018, under Section 8 of the Act of 2005.
4. On 28th February, 2019, the ED applied to a Special Court in New Delhi for confiscation of the attached assets.
5. The ED initiated criminal proceedings against Jas Infrastructure & Power Limited and its directors/promoters in connection with

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## Issues and analysis

### Issue 1: Whether the liquidator can sell assets attached by the Enforcement Directorate (ED) under the …

**Ratio:** The ratio is that any interference with the attachment and pending prayers of the ED for

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**Reasoning:** The court reasoned that allowing the liquidator to sell the assets would frustrate the

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**Interpretation:** This issue involves the interpretation of the interplay between the IBC and the

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**Application:** The court applied this ratio to the specific facts by holding that the

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## Parties

- **Judges:** T. S. Siva…; Hiranmay Bhattacha…
- **Appellants:** Kannan Tiruvangada…
- **Respondents:** Jas Infrastructure…; The Union o…
- **Advocates:** Jishnu Cho…; Ujjaini Cha…; +5 more

## Timeline

- **2018-06-12 — Provisional Attachment…**: The Enforcement Directorate (ED) issued a provisional attachment order (Order No. 2 of…
- **2018-12-04 — Confirmation of…**: The Adjudicating Authority under the PMLA confirmed the provisional attachment order…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/kannan-tiruvengadam-vs-the-union-of-india-ors-bb4bae71