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Mumbai court allows restoration of attached property worth Rs 952 Crore of Vadraj Cementt

Mumbai court allows restoration of attached property worth Rs 952 Crore of Vadraj Cementt

India Gazette21 hours ago

New Delhi [India], June 29 (ANI): In a significant development in the IL&FS case, assets worth Rs 952 crore, which were attached by the Enforcement Directorate (ED), have been restored to the rightful claimant by the Special Court (PMLA), Mumbai, vide order dated June 25, 2025, following a no-objection certificate (NOC) issued by the agency.
The ED, in a statement on Saturday, said this move is in continuation of its efforts to return properties to their rightful owners and enable financial institutions to monetise attached or seized assets.
The ED, Mumbai Zonal Office, had initiated an investigation under the Prevention of Money Laundering Act (PMLA), 2002, against Infrastructure Leasing & Financial Services Ltd. (IL&FS), its group companies, and other associated entities for their role in the generation and laundering of proceeds of crime (POC).
During the course of the investigation, it was revealed that Vadraj Cement Limited (formerly ABG Cement Ltd.), a group company of ABG, had availed financial assistance from IL&FS Financial Services Ltd. (IFIN), which was later classified as non-performing. The investigation established that loans amounting to Rs 952 crore were fraudulently obtained and constituted proceeds of crime.
Accordingly, ED provisionally attached the immovable properties of Vadraj Cement Ltd., including its Surat Cement Plant, on January 21, 2020. The attachment was confirmed by the Adjudicating Authority on August 5, 2021. A prosecution complaint for the offence of Money Laundering was also filed in the matter before the Special Court (PMLA), Mumbai, praying for the confiscation of properties attached as POC.
The Punjab National Bank was the major lender to Vadraj Cement Ltd. with an admitted claim of Rs 2,122 Crore. The defunct cement company's other major lenders include Union Bank (Rs 1,620 Crore), Indian Overseas Bank (Rs 1,419 Crore), Central Bank of India (Rs 1,391 Crore) and JC Flower ARC (Rs 677 Crore).
https://x.com/dir_ed/status/1938889799752130590
Subsequently, M/s Nuvoco Vistas Corporation Ltd., a subsidiary of the Nirma Group and the Successful Resolution Applicant under the Insolvency and Bankruptcy Code, 2016 (IBC), filed an application before the Special Court (PMLA), Mumbai seeking restoration of the attached property to facilitate implementation of the resolution plan approved by the Hon'ble National Company Law Tribunal (NCLT), Mumbai on April 1, 2025.
As part of the resolution plan, Nuvoco Vistas Corporation Ltd. is set to pay Rs 1,706 crore to financial creditors for acquiring Vadraj Cement Ltd.
In light of the PMLA's objective to restore POC to bona fide and legitimate claimants, the ED submitted its no-objection before the Additional Sessions Judge for the release of the attached property.
Following ED's submission, the court passed an order on June 25, 2025, directing restitution of the immovable properties to the bona fide claimant.
The Special Court (PMLA), Mumbai, vide its order in PMLA Special Case No. 6/2019, has allowed the said application and directed the restoration of the attached property to Nuvoco Vistas Corporation Ltd. under Sections 8(8) and 8(7) of the PMLA read with Rule 3A of the PML (Restoration of Property) Rules, 2016.
The Court has further directed the Applicant to submit an undertaking to return or restore the property or its value as may be directed in future. The Court has also instructed the ED to prepare a detailed inventory of the property prior to handing over possession. The restoration order pertains solely to the attachment of Rs. 952 Crore arising out of the investigation made by the Mumbai Zonal Office. (ANI)

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