Tribunals and CommissionsDivision Bench(2026) 04 NCLAT CK 1839

Mr. Kunhimahin Moideen Kunhi vs M/s. Vintage Hotels Private Limited, Mr. Ahamed Nizar Moideen Kunhi Kunhimahin, Mr. Mohammed Shareef Moideen Kunhi Kunhimahin

National Company Law Appellate Tribunal, CHENNAI Bench · Decided on 29 April 2026

HON’BLE JUDGES
Justice Sharad Kumar Sharma, Member (Judicial) · Jatindranath Swain, Member (Technical)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (CH) No.50/2026 (IA Nos.705 & 706/2026)

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Judgment

10 paragraphs · 229 words

(Hybrid Mode)

This Company Appeal is reported to be defective, carrying certain minor defects pertaining to the non-supply of certain clear pages and filing of the hard copy. The defects, as pointed out would stand overruled.

Looking to the nature of the dispute, which has been agitated by the Appellant as against the impugned order, which reads as under: -

“1.

Heard Ld. Counsels for the parties

2.

Ld. Counsel for the Respondent has filed a memo vide Dy.No.1674 on 06.04.2026

3.

On the last date, it was directed by this Tribunal that if the settlement does not happen, contemnors should be present physically.

4.

Let the Contemnors appear physical as per the last date direction.

5.

List the case on 29.04.2026”.

The nature of the order, which has been passed by the Learned Tribunal is an order passed in the contempt proceedings, whereby the Appellant has only been called upon to appear physically before the Learned Tribunal. The prerogative of the Tribunal to call upon a contemnor to appear is only for the purposes to solicit the defence and to prove its conduct qua to act of contempt, and there is no immediate prejudice caused to the Appellant merely because of a direction for appearance.

Hence, the Comp App (AT) (CH) No.50/2026 lacks merit, and the same is accordingly dismissed. Pending interlocutory applications, if any, would stand closed.