Col A Khanna Sm Retd vs Directors Appointed By Dgcoa Delhi ...

IN THE MATTER OF: Col. Ashish Khanna, SM (Retd.) ...Applicant

Versus

Directors appointed by DGCoA Delhi ...Contemnor/Respondents Gymkhana Club Ltd. & Anr.

Present: For Applicant: Mr. Deepak Khosla, Advocate For Respondents: Mr. Raunak Dhillon, Ms. Ananya Dhar Chaudhury, Ms. Isha Malik, Advocates for UoI. Mr. Prateek Kumar, Ms. Raveena Rai, Ms. Apeksha Dhanvijay, Advocates DGC.

ORDER

10.08.2023: Heard Mr. Deepak Khosla, Learned Counsel appearing for the Applicant.

2. This contempt application has been filed for initiating contempt for

alleging non compliance of the order dated 02.06.2022. This Tribunal in

Company Appeal (AT) No. 93 of 2022 passed an order on 02.06.2022.

Paragraph 5 of the order is as follows:

"5. List this Appeal „For Admission (After Notice)‟ on 01st August, 2022.

Learned Counsel appearing for the Union of India may also place the

Reports, if any, in this Appeal which has been directed to be placed

before the NCLT as per the directions in the Impugned Order."

3. The counsel for the applicant submits that the Reports which were

directed by this Tribunal has not been filed and the word 'may' in paragraph 5

should be read as 'shall'.

Cont'd.../ -2-

4. Learned Counsel appearing for Respondent No.1 submits that the reports

have been filed before the NCLT and an application has also been filed in the

appeal. Respondent No.1 prays for accepting the reports in a sealed cover.

It is submitted that the application as to whether the report can be filed in the

sealed cover or not, engaging attention in the Company Appeal (AT) No. 93 of

2022.

5. We are of the view that no case has been made out to initiate any

contempt proceedings on the ground that order dated 02.06.2022 has been

violated by the Respondent.

6. We close the contempt application with these observations.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical)

sa/nn

Contempt Case (AT) No. 17 of 2023