Tribunals and CommissionsDivision Bench(2023) 10 NCLAT CK 0058

Vikas Kasliwal vs Pankaj Ramandan Majithia & Anr

National Company Law Appellate Tribunal · Decided on 18 October 2023

HON’BLE JUDGES
Rakesh Kumar Jain, Member (J) · Naresh Salecha, Member (T)
RESULT
Dismissed
CASE NUMBER
Contempt Case (AT) No. 24 Of 2023 in Comp. App. (AT) (Ins) No. 982 Of 2021

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Judgment

7 paragraphs · 256 words
1.

The Petitioner has filed this Contempt Petition against the alleged contemnors for the alleged violation of the order dated 17.12.2021 passed in CA (AT) (Ins) No. 982 of 2021. The order dated 17.12.2021 read as under:-

“List these Appeals on 10th January, 2022. In the meanwhile, the Committee of Creditors shall not take any further steps in the matter. Learned Counsel for the parties are permitted to file convenience compilation in Company Appeal (AT) (Ins) No.982 of 2021 and also their short written notes along with the Judgements relied.

Company Appeals (AT) (Ins) No.1061 and 1063 of 2021

In these Appeals, Mr. Vikram Nankani, Sr. Advocate appears for the Respondent. He prays and is allowed two weeks’ time to file Reply. Rejoinder, if any, may be filed within one week thereafter.

We observe that parties may complete their pleadings before the next date.”

2.

It is averred in Para 7(k) of the Petition and also submitted before us orally that the Respondents have committed contempt of the order dated 17.12.2021 passed by this Court by reconstituting the CoC on 01.03.2023.

3.

We have heard Counsel for the Petitioner and after perusal of the record are of the considered opinion that no contempt is made out because direction of this Court contained in the order dated 17.12.2021 was to the CoC that they shall not take any further steps whereas the constitution of CoC was not stayed. As a result thereof, the present contempt petition is totally mis-conceived and thus, the petition is dismissed. No costs.