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Morpheus Developers Pv Ltd vs Mr.Sandeep Kumar Bhatt

National Company Law Appellate Tribunal10 August 2021

Ratio decidendi

The rule this decision rests on

The order rests on a single line of reasoning: where a corporate debtor has been directed by the Adjudicating Authority to pay the fees and costs of the insolvency professional and has not complied, and has also not filed a reply to the contempt applications despite opportunities, the Appellate Tribunal treats the non-compliance as deliberate avoidance of the order and directs the Adjudicating Authority to register contempt proceedings against the defaulting respondents under the Tribunal's contempt jurisdiction.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1National Company Law Appellate Tribunal, New DelhiPrincipal BenchContempt Case (AT) No. 18 of 2020inCompany Appeal (AT)(Ins.) No. 1155 of 2019

IN THE MATTER OF: Mr. Ashutosh Jain Insolvency Professional IBBI/IPA-001/IP-P00394/2017-18/10712 A-120, Lower Ground Floor - Shivalik, Malvia Nagar, New Delhi - 110017 ...Applicant

Vs.

1. Morpheus Developers Pvt. Ltd. Registered Office at 1st Main Road, Maujpur New Delhi - 110053 GH-16A, West, Sector 1, Greater Noida, Uttar Pradesh - 201306 Info_infotech@yahoo.co.in

2. Mr. Prithvi Raj Kasana 1st Main Road, Maujpur, New Delhi - 110053 Prithvikasana@gmail.com

3. Mr. Mohd Atiqur Rahman 1st Main Road, Maujpur, New Delhi - 110053 Atiqurrahman1989@gamil.com

4. Mr. Sandeep Kumar Bhatt Insolvency Professional IBBI/IPA-003/IP-00007/2016-17/1032 F-103, DAV Complex, Opposite Samachar Apartment, Mayur Vihar, Phase - 1, New Delhi 110091 skbmica@gmail.com ...Respondents/Contemnors Present: Contempt Case (AT) No. 18 of 2020 & 26 of 2020 in Company Appeal (AT)(Ins.) No. 1155 of 2019 2

For Applicant: Ms. Nikita Barman, Advocate For Respondent: Mr. Mohit Nandwani, Advocate for R4

With

Contempt Case (AT) No. 26 of 2020

in

Company Appeal (AT)(Ins.) No. 1155 of 2019

IN THE MATTER O Mr. Sandeep Kumar Bhatt Insolvency Professional IBBI/IPA-003/IP-00007/2016-17/1032 F-103, DAV Complex, Opposite Samachar Apartment, Mayur Vihar, Phase - 1, New Delhi 110091 skbmica@gmail.com ...Applicant

Vs.

1. Morpheus Developers Pvt. Ltd. Registered Office At 1st Main Road, Maujpur, New Delhi - 110053 GH-16A, West, Sector 1, Greater Noida, Uttar Pradesh - 201306 Info_infotech@yahoo.co.in

2. Mr. Prithvi Raj Kasana 1st Main Road, Maujpur, New Delhi - 110053 Prithvikasana@gmail.com

3. Mr. Mohd Atiqur Rahman 1st Main Road, Maujpur, New Delhi - 110053 Atiqurrahman1989@gamil.com ...Respondents/Contemnors

Present: For Applicant: Mr. Mohit Nandwani, Advocate For Respondent:

Contempt Case (AT) No. 18 of 2020 & 26 of 2020 in Company Appeal (AT)(Ins.) No. 1155 of 2019 3

ORDER

(10thAugust, 2021)

Jarat Kumar Jain: J.

The Applicants "Mr. Ashutosh Jain erstwhile IRP and Mr. Sandeep

Kumar Bhatt erstwhile RP" have filed these Contempt Applications under

Section 425 of the Companies Act, 2013 against the Respondents "Corporate

Debtor Company and its Directors".

2. Brief facts of these Contempt Applications are that one Mr. Kapil

Arora filed an Application under Section 7 of the IBC against the Morpheus

Developers Pvt. Ltd. (Corporate Debtor) which was admitted vide order dated

12.02.2019. That order has been challenged by Mr. Prithviraj Kasana,

Shareholder and Director of the Corporate Debtor in CA (AT) (Ins) No. 211 of

2019. During the pendency of this Appeal, the settlement has been reached

between the Directors and the Financial Creditors (Allottee). On 04.06.2019

the parties have filed terms of the settlement before this Appellate Tribunal,

and the settlement has taken on record.

3. So far as the fee of the IRP/RP and the costs of the CIRP is concerned

the matter was remitted to the Adjudicating Authority, Principal Bench, New

Delhi to determine the claim and fix the fee payable to the IRP/RP and the

CIRP Costs payable to one or other IRP/RP. On such determination, the

amount has to be paid by the Corporate Debtor "Morpheus Developers Pvt.

Ltd." within a period as may be prescribed by the Adjudicating Authority.

4. In this background the Adjudicating Authority (National Company

Law Tribunal, Principal Bench, New Delhi) has passed the order on

18.09.2019 which is as under:-

Contempt Case (AT) No. 18 of 2020 & 26 of 2020 in Company Appeal (AT)(Ins.) No. 1155 of 2019 4

"The IRP has raised the bills of cost incurred during the period 12.02.2019 to 03.04.2019 amounting to Rs. 6,90,310/- and the CIRP costs till the order passed by the NCLT on 04.06.2019 alongwith balance amount of Rs. 13,90,000/-. The Non -

Applicant-Respondents are directed to pay the aforesaid costs within a week. List for further consideration on 26.09.2019."

5. Against the aforesaid order Morpheus Developers Pvt. Ltd. filed Appeal

CA(AT) (Ins) No. 1155 of 2019. On 11.11.2019 when this Appellate Tribunal

has taken up the matter for hearing, Ld. Counsel for the Appellant sought

permission to withdraw the Appeal with the prayer to allow the Appellant to

pay the total amount by 02nd December, 2019. The prayer was allowed

without any liberty to challenge the same very impugned order dated 18th

September, 2019 before this Appellate Tribunal. The Appeal was disposed of

as withdrawn and allowing the Appellant 'Morpheus Developers Pvt. Ltd.' to

pay the total amount to the RP towards the fee and cost by 2nd December,

2019.

6. After disposing of the aforesaid Appeal CA (AT) (Ins) No. 1155 of 2019

on 11.11.2019 Respondents herein 'Morpheus Developers Pvt. Ltd.' have not

paid IRP/RP fees and CIRP costs till 02.12.2019. Therefore, the IRP Mr.

Ashutosh Jain and RP Mr. Sandeep Kr. Bhatt have filed these Contempt

Applications on 19.6.2020 and 24.07.2020 respectively.

7. In both Contempt Applications, we have issued notice to the

Respondents. In Contempt Case (AT) No. 18 of 2020, the Respondent No. 4

Mr. Sandeep Kr. Bhatt, who is Applicant in Contempt Case No. 26 of 2020

has filed the Reply and prayed that the Contempt Application may be

dismissed against him. However, the Respondent Nos. 1 to 3 Morpheus

Developers Pvt. Ltd. and Director Mr. Prithviraj Kasana and Md. Atiqur

Contempt Case (AT) No. 18 of 2020 & 26 of 2020 in Company Appeal (AT)(Ins.) No. 1155 of 2019 5

Rahman have not filed any reply in both the Applications after granting

many opportunities.

8. On 20.07.2021 it is informed that the Respondent Nos. 1 to 3 have

paid Rs. 5 Lacs to Mr. Sandeep Kr. Bhatt. However, they have not complied

the order in its entirety and also not paid any amount to IRP.

9. We have heard Ld. Counsels for the Applicants. However, nobody gave

appearance on behalf of the Respondent Nos. 1 to 3.

10. We are of the view that the Respondent Nos. 1 to 3 are deliberately

avoiding to comply the order passed by the Adjudicating Authority on

18.09.2019, therefore, we direct the Ld. Adjudicating Authority to register

the Contempt Case against the Respondent Nos. 1 to 3 and proceed against

them as per law. Thus, the Contempt Applications are disposed of.

The parties are directed to remain present before the Adjudicating

Authority (NCLT, Principal Bench, New Delhi) on 01.09.2021 for further

proceedings.

The Registry is directed to send the copy of this order to the concerned

Adjudicating Authority forthwith.

[Justice Jarat Kumar Jain] Member (Judicial)

[Dr. Ashok Kumar Mishra] Member (Technical)

New Delhi Sc

Contempt Case (AT) No. 18 of 2020 & 26 of 2020 in Company Appeal (AT)(Ins.) No. 1155 of 2019

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