# In the matter of Committee of Creditors vs. Directiorate of Enforcement & Ors. Special Leave to Appeal (C) Nos. 29327-29328 -2019

> SC judgment dated 2019-12-18. Citation: TCN-2019-SC-00001. The case involves a petition for Special Leave to Appeal (C) Nos.29327-29328/2019 arising out of a…

- **Court:** SC
- **Order date:** 18 Dec 2019
- **Citation:** TCN-2019-SC-00001
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/committee-of-creditors-vs-directiorate-of-enforcement-ors-special-leave-to-appea-195035a5

## Summary

### Background

The case involves a petition for Special Leave to Appeal (C) Nos.29327-29328/2019 arising out of a final judgment and order dated 14-10-2019 in CAAT(I) No. 957/2019 and PAO No. 11/2019 passed by the Directorate of Enforcement. The Committee of Creditors is the petitioner, and the Directorate of Enforcement & Ors. are the respondents.

## Facts

The Committee of Creditors filed a Special Leave Petition against the Directorate of Enforcement & Ors. The petition challenges the final judgment and order dated 14-10-2019 in CAAT(I) No. 957/2019 and PAO No. 11/2019, issued by the Directorate of Enforcement. The Supreme Court heard the matter on 18-12-2019 and issued a notice returnable in February 2020. Crucially, the court ordered a stay of the Provisional Attachment Order No.11/19 dated 10.10.2019 passed by the Directorate of Enforcement (ED). The attachment order is central to the dispute, as it potentially impacts the assets available to the Committee of Creditors.

## Issues and analysis

### Issue 1: Whether the final judgment and order dated 14-10-2019 in CAAT(I) No. 957/2019 and PAO No. 11/2019 …

**Ratio:** The ratio would depend on the specific legal grounds on which the Directorate of

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**Reasoning:** The court's reasoning would involve examining the legality and justification for the

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**Interpretation:** This involves interpreting the relevant laws and regulations governing the

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**Application:** The court would apply the relevant legal principles to the specific facts of

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## Parties

- **Judges:** THE CHIEF J…; B.R. G…; +1 more
- **Appellants:** Committee of…
- **Respondents:** DIRECTORATE OF…
- **Advocates:** Abhishek Manu…; Bishwajit…; +10 more

## Timeline

- **2019-10-10 — Directorate of…**: Directorate of Enforcement passed…
- **2019-10-14 — Final Judgment…**: Final judgment and order…

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