Kushan Mitra vs Amit Goel
- CitationCompany Appeal (AT) (Ins) No. 128 of 2021
Ratio decidendi
The rule this decision rests on
It is not a contempt of this Tribunal's order to fail to comply with an interim direction that was itself not an effective order: where the earlier interim direction was conditional on a fact (that the committee of creditors had not been constituted) and that fact was found to have already been overtaken, the direction did not operate as an enforceable command, and there can be no contempt in non-compliance with it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In the matter of: Ranjit Kumar Verma (IRP) ...Applicant
Vs.
Central Bank of India ...Contemnor/Respondents
Present For Appellant: Mr. Shailendra Singh, Ms. Muskaan Garg and Ms. Shashi Priya, Advocates. For Respondents: None
ORDER
(Through Virtual Mode)
23.09.2021: Heard Learned Counsel for the Applicant. He drew our attention towards the deliberate acts in non-compliance of the order dated 03.08.2021 passed by this Tribunal in CA (AT) (Ins) No. 128 of 2021 and thus Committed the Contempt.
We have gone through the order. In the aforesaid appeal we have passed the interim protection on 22.02.2021 that "if the COC has not been constituted then the COC may be put on hold". Subsequently, on 03.08.2021, it was informed to this tribunal that before 22.02.2021 "the COC has already been constituted. Therefore, we have clarified that the CIRP will be continue".
It is clear that this Tribunal has not passed any effective order. Therefore, it cannot be said that proposed contemnor bank has committed any contempt of the order passed by this Tribunal.
-2- In such a situation Learned Counsel for the Applicant seeks permission to withdraw this Application with the liberty to approach the appropriate forum for this cause.
We allow the Applicant to withdraw this application with the aforesaid liberty. Thus, the Application Contempt Case (AT) No. 23 of 2021 is disposed off.
[Justice Jarat Kumar Jain] Member (Judicial)
[Dr. Alok Srivastava] Member (Technical)
sr/gc
Contempt Case (AT) No. 23 of 2021 In Company Appeal (AT) (Ins) No. 128 of 2021
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