Ashok Kriplani vs Itender Pal Singh
- CitationContempt Case (AT) No. 10 of 2023
Ratio decidendi
The rule this decision rests on
A contempt proceeding cannot be founded on an order that records no direction or undertaking capable of breach; where a prior order merely notes a party's submission that payments will be made and lists the matter for a later date, there is no mandate of the court whose non-observance could constitute contempt, and the application must be dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Ashok Kriplani Resolution Professional of Nibula Print & Pack Pvt. Ltd. ...Applicant
Versus
Itenderpal Singh & Anr. ...Respondents
Present: For Applicant: Ms. Shweta Mahajan, Advocate.
For Respondents: Mr. P. Nagesh, Sr. Advocate with Mr. Shivam Shukla, Ms. Geetika Sharma and Mr. Prabhav Vir, Advocates for R-1. Mr. Ahsan Ahmad and Mr. Rachit Ranjan, Advocates for R-2.
ORDER
10.02.2023: This application has been filed for initiating contempt
proceeding against the Respondents for violating order of this Tribunal passed
on 28.11.2022. Order dated 28.11.2022 read as follows:
"O R D E R
28.11.2022: Resolution Professional appearing in person submits that instalments are being paid irregularly. Learned Counsel appearing for the Respondent submits that amounts will be paid this month.
List this Appeal on 10th February, 2023."
Cont'd.../ 2
2. By order dated 28.11.2022, this Tribunal did not issue any direction
breach of which can be alleged nor any undertaking has been recorded.
3. We are of the view that contempt proceeding cannot be initiated.
Contempt Application is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Contempt Case (AT) No. 10 of 2023 in Company Appeal (AT) (Insolvency) No. 488 of 2022
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