Facts & Background:

Facts – Writ Petition (L) No.9943 of 2023

• Mr. Shiv Charan, Mr. Pushpalata Bai, Ms. Bharti Agarwal the Resolution Applicant were the Appellants.
• The Adjudicating Authority under the Prevention of Money Laundering Act, 2002 (PMLA) was Respondent No.1, and the Deputy Director, Directorate of Enforcement Mumbai Zonal was Respondent No.2.
• On 20.10.2017, multiple FIRs were registered against the DSK Southern Projects Private Limited - Corporate Debtor and its erstwhile promoters for offences of cheating and criminal breach of trust, leading to ECIR/01/MBZO-II/2018 by the Directorate of Enforcement on 08.03.2018, estimating the proceeds of crime at Rs. 8,522.27 crores.
• Under the ECIR, the ED initiated attachment proceedings by filing an "original complaint" (O.C.No.1104/2019) and attaching four bank accounts containing Rs. 3,55,298/—and 14 flats valued at Rs. 32,47,55,298/-, aggregating Rs. 32,51,10,596/-.
• On 14.02.2019, the attachment was levied under Section 5 of the Prevention of Money Laundering Act, 2002 and was subsequently confirmed by the Adjudicating Authority under Section 8 on 05.08.2019.
• The Corporate Debtor was admitted to the Corporate Insolvency Resolution Process (CIRP) on 09.12.2021 under an application filed by a financial creditor before the National Company Law Tribunal, Mumbai.
• On 17.02.2023, the Respondents proposed a resolution plan which was duly approved by the National Company Law Tribunal, Mumbai, in accordance with Section 31 of the Insolvency and Bankruptcy Code, 2016.
• The attachment of properties continued even after the commencement of the CIRP and remained in place despite the approval of the resolution plan.
• The Resolution Applicants filed the present Writ Petition (L) No. 9943 of 2023 against Respondents No.1 and No.2, seeking to quash the ECIR, attachment orders, and the original complaint and directing the release of Attached Properties as per the Approval Order under Section 32A of the IBC, 2016.
  

Facts – Writ Petition (L) No. 29111 of 2023

• Adjudicating Authority under the Prevention of Money Laundering Act, 2002 (PMLA) and Deputy Director, Directorate of Enforcement Mumbai Zonal were the Petitioners.
• Mr. Shiv Charan, Mr. Pushpalata Bai, Ms. Bharti Agarwal the Resolution Applicant were the Respondents.
• The Directorate of Enforcement (ED) instituted Writ Petition (L) No. 29111 of 2023, contesting the NCLT's jurisdiction to invoke Section 32A of the IBC, 2016, stating that it allegedly undermined the provisions and objectives of the Prevention of Money Laundering Act, 2002.
• On 17.02.2023, the NCLT held that the attachment must cease upon the commencement of the moratorium under Section 14 of the IBC, effective from 09.12.2021, and further reiterated that the Attached Properties must be released in accordance with Section 32A.
• The ED did not seek to quash the Approval Order dated 17.02.2023 but challenged the NCLT’s order dated 28.04.2023, where an application to release the Attached Properties was allowed.
  

Main Issue:

• Whether the NCLT had the jurisdiction to direct the ED to release the Attached Properties invoking Section 32A of the Insolvency & Bankruptcy Code, 2016? (Paragraph 11)