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

> SC judgment dated 2019-12-18. Citation: TCN-2019-SC-00002. 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-00002
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/committee-of-creditors-vs-directorate-of-enforcement-ors-petition-a73f6837

## 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 Petition for Special Leave to Appeal against the Directorate of Enforcement & Ors. The appeal arises from 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 Supreme Court heard the matter on 18-12-2019 and issued a notice returnable in February 2020. An interim stay was granted on the Provisional Attachment Order No.11/19 dated 10.10.2019 passed by the Directorate of Enforcement (ED).

## Issues and analysis

### Issue 1: Whether the Provisional Attachment Order issued by the Directorate of Enforcement should be stayed …

**Ratio:** The court has the power to grant interim relief, including a stay order, to maintain the

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**Reasoning:** The court considered the arguments presented by the counsels and determined that a stay

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**Interpretation:** The power to grant a stay is discretionary and is exercised based on the

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**Application:** In this case, the court found that the balance of convenience favored granting

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## Parties

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

## Timeline

- **2019-10-14 — Final Judgment…**: Final judgment and order…
- **2019-10-10 — Provisional Attachment…**: Provisional Attachment Order No.11/19 passed…

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