Indian Bank vs Anshul Gupta
- CitationContempt Case (AT) No. 14 of 2026
Ratio decidendi
The rule this decision rests on
The contempt applications were rejected because the earlier judgment dated 08.07.2025 contained no direction on the manner in which the secured creditor was to realise its security out of its claim before the liquidator. Since that question was not decided in the earlier judgment, the liquidator's failure to decide it cannot constitute disobedience of that judgment, and no cause of action for contempt arises.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Indian Bank ...Applicant
Versus
Anshul Gupta ...Contemnor/ Liquidator Tops Group Services & Solutions Ltd. Respondent
Present: For Applicant : Ms. Honey Satpal, Mr. Akash Agarwalla, Mr. Aman, Advocates. For Contemnor/ : Mr. Milan Singh Negi, Mr. Nikhil Kumar Jha, Ms. Respondent Katyayani, Mr. Utkarsh, Advocates.
With
Contempt Case (AT) No. 15 of 2026 in Company Appeal (AT) (Insolvency) No. 96 of 2025
IN THE MATTER OF: Indian Bank ...Applicant
Versus
Anshul Gupta ...Contemnor/ Liquidator Tops Group Services & Solutions Ltd. Respondent
Present: For Applicant : Ms. Honey Satpal, Mr. Akash Agarwalla, Mr. Aman, Advocates. For Contemnor/ : Mr. Milan Singh Negi, Mr. Nikhil Kumar Jha, Ms. Respondent Katyayani, Mr. Utkarsh, Advocates.
ORDER
(Hybrid Mode)
23.04.2026: This application has been filed by the Indian Bank praying
for initiating contempt proceeding against the Liquidator for contempt of
judgment of this Tribunal dated 08.07.2025 passed in Company Appeal (AT)
Cont'd.../ (Ins.) No.85 of 2025 and Company Appeal (AT) (Ins.) No.96 of 2025. Both
above appeals were filed by the Indian Bank challenging the order passed by
the Adjudicating Authority by which I.A. filed by the Indian Bank was rejected
and I.A. filed by the Resolution Professional was allowed directing the Indian
Bank to remit the IT refund which was received by the Corporate Debtor
during pendency of the CIRP. We are also informed that Appellant also filed
an appeal before Hon'ble Supreme Court, which also came to be dismissed on
06.10.2025.
2. Learned counsel for the Indian Bank has filed these contempt
applications alleging that the Liquidator has not decided the question
regarding realisation of security. Appellant has referred to Para 12 of the
judgment of this Tribunal. We have in Para 12 has observed that the manner
in which the appellant is to realise its security out of its claim which has been
filed before the liquidator were not the question which were required to be
considered in I.A. No. 2967/2021, which was allowed on 20.12.2022. We are
of the view that there is no disobedience of any direction passed in order dated
08.07.2025 giving any cause of action to the Appellant to file these contempt
applications. Contempt Applications are rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/md
Contempt Case (AT) No.14 & 15 of 2026 in Company Appeal (AT) (Ins.) No. 85 & 96 of 2025 2 of 2
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