Shree Gangour Foods Jaipur Llp vs Sangeeta Ajmera Prop. M/S The Manpower
- CitationContempt Case (AT) No. 1 of 2023
Ratio decidendi
The rule this decision rests on
The interim direction restraining issuance of Form H does not, by its terms or on the facts, restrain the holding of Committee of Creditors meetings or the filing of applications; accordingly, conduct consisting of such meetings and filings does not amount to disobedience of that interim order, and no contempt is made out where the order is not shown to have been breached.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Contempt Case (AT) No. 1 of 2023 in Comp. App. (AT) (Ins) No. 951 of 2022 IN THE MATTER OF: Shree Gangour Foods (Jaipur) LLP ...Appellant Vs. Suresh Agarwal Resolution Professional Shree Gangour Foods (Jaipur) LLP ....Respondents
Present:
For Appellant: Ms. Nivedita Sarda, Advocate
For Respondent:
ORDER
18.01.2023: Contempt Case (AT) No. 1 of 2023 - This Contempt
Application has been filed alleging violation of the order dated 16.10.2022
which is an Interim Order passed in Comp. App. (AT) (Ins) No. 951 of 2022.
Interim Order passed on 10.08.2022 is to the following effect:-
"....... It is informed that CoC has already
been constituted. In the meantime, let IRP run the
Corporate Debtor as a going concern, however, till
the next date no Form-H shall be issued."
2. It is not the case of the Appellant that Form H has been issued by the
Resolution Professional(RP).
3. Learned Counsel for the Appellant submits that the meetings of the CoC
are being held and different IAs are being filed.
4. We are of the view that there is no restraint in the meeting of the holding
of the CoC and no case for taking any proceedings for Contempt has been Contempt Case (AT) No. 1 of 2023 in Comp. App. (AT) (Ins) No. 951 of 2022 1 made out in the fact of the present case. The Contempt Application is
rejected.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical) ss/nn
Contempt Case (AT) No. 1 of 2023 in Comp. App. (AT) (Ins) No. 951 of 2022 2
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