# In the matter of Ashok Kumar Sarawagi vs. Enforcement Directorate & Anr.,Special Leave Petition (Civil) Diary No(S). 30092/2022

> SC judgment dated 2022-11-01. Citation: TCN-2022-SC-00008. The case involves a Special Leave Petition (Civil) arising from a final judgment and order passed…

- **Court:** SC
- **Order date:** 1 Nov 2022
- **Citation:** TCN-2022-SC-00008
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ashok-kumar-sarawagi-vs-enforcement-directorate-anrspecial-leave-petition-d16abb91

## Summary

### Background

The case involves a Special Leave Petition (Civil) arising from a final judgment and order passed by the National Company Law Appellate Tribunal (NCLAT). The petitioner challenges the NCLAT's order, relying on previous orders passed by NCLAT in matters related to Varrasana Ispat Limited and Kiran Shah. The Enforcement Directorate is the respondent. The petitioner argues that the attachment order was issued prior to the initiation of the Corporate Insolvency Process in the previous cases, while in the present case, the provisional attachment order was passed after the initiation of proceedings under the Insolvency and Bankruptcy Code, 2016.

## Facts

Ashok Kumar Sarawagi filed a Special Leave Petition (Civil) against the Enforcement Directorate & Anr. The petition challenges an order of the National Company Law Appellate Tribunal (NCLAT). The petitioner's counsel argued that the NCLAT relied on previous orders in the matters of Varrasana Ispat Limited Vs. Deputy Director of Enforcement and Kiran Shah vs. Enforcement Directorate. In those cases, the attachment orders were issued before the initiation of the Corporate Insolvency Process. However, in the present case, the provisional attachment order was passed after the initiation of proceedings under the Insolvency and Bankruptcy Code, 2016. The judgment dated 2019-03-02 in the first matter is appended at page 700 and paragraph 13 of the judgment makes it clear

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## Issues and analysis

### Issue 1: Whether the facts of the present case are distinguishable from the previous cases cited by the …

**Ratio:** The legal principle is that the timing of the attachment order relative to the initiation

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**Reasoning:** The court is examining the sequence of events to determine if the present case is

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**Interpretation:** This issue involves interpreting the interplay between attachment orders and

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**Application:** The court will apply the ratio to the specific facts of the case, comparing the

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## Parties

- **Judges:** THE CHIEF J…; BELA M. T…
- **Appellants:** ASHOK KUMAR…
- **Respondents:** Varrasana Ispat…; ENFORCEMENT…
- **Other parties:** Modif…

## Timeline

- **2022-05-09 — Impugned Final Judgment…**: Date of the impugned final judgment and order in CAAT(I) No. 411/2022 passed by the…
- **2019-03-02 — Judgment in Varrasana…**: Judgment date in the Varrasana Ispat Limited…

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