# In the matter of Deputy Director, Directorate of Enforcement vs. Shiv Charan & Ors.

> SC judgment dated 2025-03-06. Citation: TCN-2025-SC-00037. The case involves Civil Appeals Nos. 9692-9693/2024 before the Supreme Court of India. The Deputy…

- **Court:** SC
- **Order date:** 6 Mar 2025
- **Citation:** TCN-2025-SC-00037
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/deputy-director-directorate-of-enforcement-vs-shiv-charan-ors-7ade4e84

## Summary

### Background

The case involves Civil Appeals Nos. 9692-9693/2024 before the Supreme Court of India. The Deputy Director, Directorate of Enforcement is the appellant, and Shiv Charan & Ors. are the respondents. The appeals were called for hearing on March 6, 2025. The Solicitor General sought time to sort out a larger issue. A note from the Deputy Director, Directorate of Enforcement, indicates that the liquidator filed an application before the Learned Special Court under Section 8(7) r/w Section 8(8) of the Prevention of Money Laundering Act, 2002, seeking restitution of attached properties. The application was listed on March 11, 2025.

## Facts

The Deputy Director, Directorate of Enforcement, filed Civil Appeals Nos. 9692-9693/2024 against Shiv Charan & Ors. The appeals were listed for hearing on March 6, 2025. The Solicitor General requested four weeks to address a larger issue related to the case. The Deputy Director, Directorate of Enforcement, submitted a note stating that the liquidator filed an application on February 27, 2025, before the Learned Special Court under Section 8(7) r/w Section 8(8) of the Prevention of Money Laundering Act, 2002, seeking restitution of attached properties. This application was listed on March 11, 2025. The court acknowledged the pendency of the appeals but directed the Learned Special Court to proceed with the application in accordance with the law. This indicates that

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## Issues and analysis

### Issue 1: Whether the Learned Special Court should proceed with the application filed by the liquidator under …

**Ratio:** The principle is that proceedings before a lower court or tribunal can continue even if

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**Reasoning:** The court reasoned that the pendency of the appeals before the Supreme Court should not

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**Interpretation:** This means that the court interprets the legal framework as allowing parallel

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**Application:** The court applied this principle by directing the Learned Special Court to

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## Parties

- **Judges:** ABHAY S…; UJJAL B…
- **Appellants:** DEPUTY DI…; Directorate of…
- **Respondents:** Shiv Charan…

## Timeline

- **2025-02-27 — Application…**: Liquidator filed an application before the Learned Special Court under Section 8(7) r/w…
- **2025-03-06 — Hearing…**: Civil Appeals Nos. 9692-9693/2024 were called…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(7) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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