# In the matter of DSK Motors Pvt. Ltd.

> NCLT judgment dated 2023-12-22. Citation: TCN-2023-NCLT-00062. The case involves an application (I.A. 1436/2021) filed by the Directorate of Enforcement…

- **Court:** NCLT
- **Order date:** 22 Dec 2023
- **Citation:** TCN-2023-NCLT-00062
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dsk-motors-pvt-ltd-00c46904

## Summary

### Background

The case involves an application (I.A. 1436/2021) filed by the Directorate of Enforcement seeking the recall and quashing of an ex-parte order dated 02.02.2021. This order had directed the Directorate of Enforcement to release the attachment of assets of the Corporate Debtor, DSK Motors Pvt Ltd (in liquidation), to the Liquidator. The Directorate of Enforcement contends that the order was passed without granting them an opportunity to be heard, violating principles of natural justice. The Liquidator of DSK Motors had filed IA 1854/2020 seeking the release of attached assets, arguing that the attached properties were mortgaged to banks and NBFCs and that the liquidation process could not proceed without the withdrawal of the attachment orders. The Enforcement

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## Facts

The Directorate of Enforcement (DE) initiated inquiries against DSK Group Companies under the Prevention of Money Laundering Act (PMLA) based on three FIRs registered in Pune, Kolhapur, and Mumbai. These FIRs accused Deepak S Kulkarni and others of dishonest and fraudulent activities related to deposit schemes. The DE issued a Provisional Attachment Order (PAO) on 14.02.2019, attaching properties valued at Rs.43470.29 Lakhs. The Adjudicating Authority confirmed this order on 05.08.2019. The DE took possession of the attached properties on 20.08.2019. The Corporate Debtor, DSK Motors Pvt Ltd, was admitted to CIRP on 09.04.2019, and a liquidation order was passed on 17.03.2020. The Liquidator of DSK Motors filed IA 1854/2020 seeking the release of the attached assets,

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## Issues and analysis

### Issue 1: Whether the Tribunal is empowered to recall the order dated 02.02.2021 passed in I.A. 1854/2020 …

**Ratio:** The Tribunal has the power to recall its judgment if a procedural error was committed in

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**Reasoning:** The Tribunal relied on a judgment by the Hon'ble NCLAT in Union Bank of India vs. Dinkar

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**Interpretation:** Section 424(2) of the Companies Act, read with Clause (g), empowers the

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**Application:** In this case, the Directorate of Enforcement claimed that it was not given an

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## Parties

- **Judges:** LAKSHMI G…; Charanjeet Singh…
- **Appellants:** DEPUTY DI…
- **Respondents:** DSK Motors Pvt.…; Indrajit Mu…
- **Advocates:** Nausher…; Suyesha K…; +1 more

## Timeline

- **2017-10-28 — FIR No. 34…**: FIR No. 347/2017…
- **2017-11-03 — FIR No. 30…**: FIR No. 309/2017…

## Legal provisions

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

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