Dr. P. Mahalingam vs Muthoot Fincrop Ltd
- CitationCompany Appeal (AT)(Ins) No.146/2020
Ratio decidendi
The rule this decision rests on
The interim order on which the contempt petition is founded merges into the final order passed in the appeal once the appeal is finally decided, so that wilful disobedience of the interim order cannot thereafter be pursued as contempt of that interim order. Where the final order is itself under challenge before the Supreme Court and an interim order is operating in that proceeding, the Tribunal will decline to proceed with contempt proceedings in respect of the matter.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1
NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI Contempt Case No.1 of 2022 In Company Appeal (AT)(Ins) No.146/2020 In the matter of: Dr. P. Mahalingam Appellant Vs Muthoot Fincorp Ltd & Ors Respondent For Appellant: Mr. Saurabh Kalia, Ms Prachi Bhatia, Advocate. For Respondent: Mr Gautam Swaroop, Mr Kartikeya Jaiswal, Ms Gunjan Jindal, Mr Adwiteya Grover, Advocates for R1-3.
ORDER
VIRTUAL MODE 26.07.2022: The present Contempt Case has been filed on an allegation of
wilful disobedience to an interim order passed in Company Appeal (AT)(Ins)
No.146/2020 on 24.01.2020. However, during the pendency of this Contempt
Petition, it was informed by the Learned Counsel for the Applicant that main
Company Appeal i.e. 146/2020 has finally been dismissed. After dismissal of
Company appeal the Applicant has preferred an Appeal before the Hon'ble
Supreme Court vide Civil Appeal Nos 3076-3077/2022 and Hon'ble Supreme
Court on 2.5.2022 has passed an ad interim order. It has been admitted that
the Appeal is pending before the Hon'ble Supreme court and this submission
was not disputed by Shri Gautam Swaroop, learned Counsel for the
Respondent. Even though the main order which has been passed by this
Tribunal is a subject matter before the Hon'ble Supreme Court, Mr. Saurabh 2
Kalia, learned counsel tried to persuade the Court to initiate contemp
proceeding in the present case against the contemnor.
Admittedly the interim order, regarding violation of which the present
case has been filed, has already merged with the final order passed by this
Tribunal in Appeal No.146/2020. It is settled law that the interim order, if
any, merges with the final order passed in a case. In the present case, not
only interim order was merged with the final order but the said final order has
been assailed before the Hon'ble Supreme Court in which an interim order
has also been passed and the matter is sub judice before the Hon'ble Supreme
Court. In such a situation it is not prudent for this Tribunal to proceed
further. As such we donot find any plausible reason to pass any favourable
order.
The Contempt Petition stand disposed off.
(Justice Rakesh Kumar) Member (Judicial)
(Dr.Ashok Kumar Mishra) Member (Technical) Bm/gc
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free