Mumbai PMLA court clears ₹393.79 crore asset return in ₹828 crore Nakoda bank fraud
Synopsis
Key Takeaways
A Special Prevention of Money Laundering Act (PMLA) Court in Mumbai has ordered the release of attached immovable properties worth ₹393.79 crore to legitimate claimants in connection with an ₹828 crore bank loan fraud case involving Nakoda Limited and its promoters. The Enforcement Directorate's Surat Sub Zonal Office secured the favourable order on Tuesday, 5 August 2025, marking a significant step toward restitution in one of the larger money laundering cases pursued under PMLA.
Background: How the Fraud Was Executed
According to the ED, Nakoda Limited — owned and controlled by Babulal Gumanmal Jain and Devendra Babulal Jain — systematically defrauded a 13-bank consortium led by Canara Bank of ₹828 crore. The scheme involved routing funds through group entities using fraudulent Letters of Credit (LCs).
Of the 1,212 LCs worth ₹4,204.25 crore opened in favour of Nakoda Limited's vendors, 202 Inland LCs amounting to ₹827.98 crore devolved due to non-payment. Vendors had discounted these LCs using fake Bills of Exchange and invoices accepted by Nakoda Limited — without any actual supply of goods.
ED's Attachment and Legal Proceedings
The ED initiated its PMLA investigation and provisionally attached immovable properties worth ₹375.71 crore in 2018 and a further ₹18.08 crore worth of properties in 2019. Both sets of attachments were subsequently confirmed by the adjudicating authority.
The agency also filed a charge sheet and supplementary charge sheet before the Special PMLA Court in Mumbai, seeking confiscation of the attached assets as proceeds of crime. This is consistent with the ED's broader mandate to pursue proceeds of financial fraud under PMLA, 2002.
Insolvency Process and the Restitution Order
Separately, the National Company Law Tribunal (NCLT) at Ahmedabad initiated a Corporate Insolvency Resolution Process (CIRP) against Nakoda Limited. After the resolution process failed, liquidation proceedings commenced and the court-appointed liquidator filed an application before the Special PMLA Court seeking restoration of the attached properties.
Recognising the PMLA's intent to restore proceeds of crime to bonafide legitimate claimants, the ED submitted no objection to the release. The Special PMLA Court accordingly ordered the release of properties worth ₹393.79 crore to the liquidator, who will in turn disburse them to verified claimants — primarily the defrauded banks in the consortium.
Significance of the Order
This ruling underscores a growing judicial recognition that PMLA attachments, while essential for freezing illicit assets, must ultimately serve restitution — not indefinite state custody. Notably, this is one of the larger asset-return orders under PMLA in recent years, and it comes at a time when courts and insolvency tribunals are increasingly coordinating to resolve overlapping jurisdiction between PMLA and the Insolvency and Bankruptcy Code (IBC). The defrauded banks, which bore the brunt of the ₹828 crore loss, stand to recover a significant portion through this process.