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Judgment
(Hybrid Mode)
Oral Judgment: Justice Sharad Kumar Sharma, Member (Judicial)
In these two company appeals, being Company Appeal (AT) (CH) (Ins) Nos.531/2025 & 532/2025, we had passed an Interim Order on 27.10.2025. As a result of the Interim Order that was passed by us, the effect and operation of the impugned order dated 15.09.2025 was directed to be kept in abeyance, which was the subject of challenge.
Despite there being an Interim Order, which was operating, the Respondent herein, the alleged contemnor Mr. Anil Kumar Khicha, has proceeded to hold the proceedings on 10.11.2025, while assigning his own interpretation to the order passed by us on 27.10.2025, which he couldn’t have done, as that does not fall in his prerogative to do so in the capacity of an IRP to sit over the order, interpret the same and take a contrary view by carving out an exception to override the effect of the Interim Order which was still operating as on 10.11.2025. Hence, we have drawn a suo motu contempt proceedings against him.
The IRP is present today and submitted his response, wherein he has extended his unconditional apology. Though the reasons assigned in the application are not satisfactory and exclusively acceptable by us, but still due to the unconditional apology and an undertaking given by him that, he will be cautious in future, while interpreting the orders passed by the Tribunal and would refrain himself from taking any proceedings thereto in contravention to the orders of the Tribunal, we proceed to accept his unconditional apology with a warning that, he should be cautious in future, while discharging his official responsibilities as an IRP.
In view of the reply given and the unconditional apology extended by the IRP, Mr. Anil Kumar Khicha, the Contempt Application No. 01/2026 would stand ‘closed’.