Incommensurability Amidst PMLA and IBC in the Context of the DHFL Scam
Incommensurability Amidst PMLA and IBC in the Context of the DHFL Scam Incommensurability Amidst PMLA and IBC in the Context of the DHFL Scam Posted on 06/04/2024 (GMT 10: 50 hrs) While searching through the intricacies and further implications of the DHFL Scam, we have come across a Linkedin article by CA (Dr.) Bishwadev Dash, which shows the incommensurabilities of having the IBC as well as PMLA at the same time: Conflict between IBC and PMLA VIEW HERE ⤡ Here are a few general excerpts (with relevant links from our website) from the above article: Corporate Insolvency Resolution Process (CIRP; under the IBC, 2016) (…) this can potentially hinder the PMLA’s objective of seizing assets linked to money laundering. Additionally, Section 32A of the IBC shields the debtor from further prosecution for pre-insolvency offenses once a resolution plan is approved. Section 32A of the IBC shields the debtor from further prosecution for pre-insolvency offenses once a resolution plan is approved.