# Anil Kohli, Resolution Professional of Dunar Foods Ltd. v. Directorate of Enforcement & Another

> NCLAT judgment dated 2025-07-03. Citation: TCN-2025-NCLAT-00334. This appeal arises from an order passed by the NCLT, Mumbai Bench, regarding a Miscellaneous…

- **Court:** NCLAT
- **Order date:** 3 Jul 2025
- **Citation:** TCN-2025-NCLAT-00334
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anil-kohli-vs-directorate-of-enforcement-and-anr-30777d8f

## Summary

### Background

This appeal arises from an order passed by the NCLT, Mumbai Bench, regarding a Miscellaneous Application in a Company Petition. The Resolution Professional (RP) of Dunar Foods Ltd. filed the appeal challenging the refusal of the Adjudicating Authority to direct the Directorate of Enforcement (ED) to release provisionally attached assets of the Corporate Debtor.

## Facts

Dunar Foods Ltd. is engaged in manufacturing, processing, and exporting basmati rice and availed credit facilities from a consortium of banks.

The accounts of Dunar Foods Ltd. were classified as Non-Performing Assets (NPAs) in 2014.

The State Bank of India filed an application under Section 7 of the IBC before the NCLT, Mumbai Bench, which was admitted on 22.12.2017, initiating CIRP against Dunar Foods Ltd.

Mr. Anil Kohli was appointed as the Interim Resolution Professional (IRP).

The Directorate of Enforcement (ED) initiated an investigation under the Prevention of Money Laundering Act, 2002 (PMLA) against M/s PD Agroprocessors Pvt. Ltd., an associate company of Dunar Foods Ltd., and traced alleged tainted funds to the Corporate Debtor.

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## Issues and analysis

### Issue 1: Whether the provisional attachment of assets by the Directorate of Enforcement (ED) under the PMLA …

**Ratio:** The issuance of the PAO dated 26.12.2017 by ED under the PMLA does not violate the

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**Reasoning:** Section 14 aims to preserve lawful, unencumbered assets for resolution. However, if the

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**Interpretation:** The moratorium under Section 14 of the IBC is not intended to protect

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**Application:** In this case, the ED's action occurred after the moratorium had commenced, but

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Anil K…
- **Respondents:** Dunar Food…; DIRECTORATE OF…; +1 more
- **Other parties:** 8th Edition…; Morato…; +13 more
- **Advocates:** Abhishek…; Karan K…; +4 more

## Timeline

- **2017-06-27 — Filing of Section 7…**: Section 7 petition…
- **2017-12-22 — Admission of Insolvency…**: NCLT, Mumbai Bench, admitted the insolvency application and initiated CIRP against Dunar…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(1) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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