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Supreme Court Confirms Benami Act Asset Seizure During IBC Halt, Rejects Challenges
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SC Upholds Benami Act Attachment During IBC Moratorium, Dismisses Appeals
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CNBC TV18
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25-02-2026, 22:24
SC Upholds Benami Act Attachment During IBC Moratorium, Dismisses Appeals
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The Supreme Court dismissed appeals challenging property attachment under the Benami law during an IBC moratorium.
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The ruling upholds NCLAT and NCLT findings, allowing Benami Act attachments even during ongoing insolvency proceedings.
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Legal experts state the decision clarifies jurisdictional conflict between IBC and the Benami Act, reinforcing statutory exclusivity.
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The judgment implies that non-IBC public law proceedings, like Benami attachments, must be contested within their own statutory scheme.
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This ruling signals that IBC goals cannot override express statutory remedies in independent legislation, especially for economic offenses.
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