Resolution Professional Faces Contempt Charges for Defying Tribunal Order

The National Company Law Appellate Tribunal, New Delhi, found Mr. Mukesh Mohan, the Resolution Professional, in contempt of court for proceeding with a matter before the Adjudicating Authority despite the Tribunal's order. The Tribunal issued notice to Mr. Mukesh Mohan to explain why contempt proceedings should not be initiated against him. A separate contempt case will be opened, and Mr. Mukesh Mohan has 15 days to respond. The Tribunal scheduled a hearing for 21st February 2018, emphasizing the importance of upholding orders and proper conduct in insolvency proceedings.

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Issues:
Contempt of court by Resolution Professional for persuading the matter before the Adjudicating Authority despite the order of the Appellate Tribunal.

Analysis:
The judgment by the National Company Law Appellate Tribunal, New Delhi, addresses the issue of contempt of court by the Resolution Professional, Mr. Mukesh Mohan. The Tribunal notes that despite its previous order dated 08.12.2017, Mr. Mukesh Mohan proceeded with the matter before the Adjudicating Authority, allegedly suppressing the Tribunal's order. The Tribunal questions why the Adjudicating Authority passed a final order under Section 31 of the Insolvency & Bankruptcy Code, 2016, despite the pending appeal and the Tribunal's earlier order. The seriousness of the allegations prompts the Tribunal to issue notice to Mr. Mukesh Mohan to explain why contempt proceedings should not be initiated against him. A separate contempt case is to be opened, and formal notice is to be served to Mr. Mukesh Mohan.

Furthermore, the Tribunal directs Mr. Mukesh Mohan to be provided with a copy of the order and the additional affidavit filed in the case, allowing him to respond within 15 days. The Tribunal schedules all related matters, including the contempt case, for a hearing on 21st February, 2018. It also specifies that the interim order from 01.12.2018 shall remain in effect until further notice. The judgment underscores the importance of upholding the orders of the Appellate Tribunal and the proper conduct of all parties involved in insolvency proceedings.

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