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Mr.Ghanshyam Das Mundra vs Sai Ramakrishna Karuturi

National Company Law Appellate Tribunal13 April 2022

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on a single point: where an appeal has been dismissed as withdrawn with an express observation that no liberty is granted to challenge the same impugned order (while preserving the appellant's freedom to settle with the respondent), the dismissal order itself does not thereby found a contempt; a contempt application premised on such a dismissal is not maintainable in law.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH,NEW DELHIContempt Case (AT) No. 23 of 2019 inCompany Appeal (AT) (Ins) No. 825 of 2019IN THE MATTER OF:Mr. Ghanshyam Das Mundra ...ApplicantVs.Sai Ramakrishna Karuturi & Ors. ...RespondentsPresent:For Appellant: NoneFor Respondent: Mr. Ankur Singh (R1, Axis Bank)ORDER(Through Virtual Mode)

13.04.2022: There is no representation on the side of the Applicant in

Contempt Case (AT) No. 23 of 2019 in Company Appeal (AT) (Ins) No. 825 of

2019 at the time of calling of the matter. However, there is representation on

the side of 'Axis Bank' through Mr. Ankur Singh, Learned Counsel.

It is brought to the fore that the instant Company Appeal (AT) (Ins) No.

825 of 2019 was dismissed as withdrawn by this Tribunal on 22.10.2019. At

the time of dismissing the instant Company Appeal (AT) (Ins) No. 825 of 2019,

this Tribunal had observed that no liberty being granted to challenge the very

same impugned order but the rider was to the effect that the `order of

dismissal of the Appeal as withdrawn' would not come in the way of the

`Appellant' to settle the matter with the 'Respondent'.

In view of the above, this `Tribunal' is prima facie of the view that no

Contempt will lie against the `Appeal being dismissed as withdrawn', by virtue

of the order dated 22.10.2019 passed by this `Appellate Tribunal'.

Contempt Case (AT) No. 23 of 2019 in Company Appeal (AT) (Ins) No. 825 of 2019 1 Viewed in the above perspective, the instant Contempt Case (AT) No. 23

of 2019 in Company Appeal (AT) (Ins) No. 825 of 2019 is dismissed as not

maintainable in law. No Costs.

[Justice M.Venugopal] Member (Judicial)

[Dr. Ashok Kumar Mishra] Member (Technical)

shashi/gc

Contempt Case (AT) No. 23 of 2019 in Company Appeal (AT) (Ins) No. 825 of 2019 2

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