2021 (7) TMI 1451 - SCH - Companies Law

India's SC Rejects Appeal Due to Pending HC Cases, Urges Swift Resolution by March 2022 to Prevent Delays.

The SC of India refused to entertain the SLP due to related appeals pending in the Cal HC. The HC was urged to expedite and conclude proceedings by March ... Jurisdiction - contempt jurisdiction - appropriate forum - Wilful, deliberate and contumacious violation of a common order - it was held by High Court that it is sufficient to say that HVL’s participation in the Board meetings cannot be termed as contumacious violation of the order of this court as the willful disobedience has not been proved beyond reasonable doubt and there is a possibility that HVL could continue to hold office on the strength of the votes of public shareholders in exclusion to the votes of the APL Committee and the Promoter and Promoter Groups and PACs - HELD THAT:- The Special Leave Petition not entertained at the present stage, particularly, because the main appeals (APO Nos 89/2020, 90/2020, 91/2020, 95/2020 and 96/2020) are pending before the Calcutta High Court - the High Court is requested to take up the appeals for expeditious disposal and to conclude the proceedings by 31 March 2022 - In deciding the appeals, the High Court shall not consider itself bound by any observations which have been made in the course of determining whether or not to exercise its contempt jurisdiction. Application disposed off. The Supreme Court of India declined to entertain the Special Leave Petition as related appeals are pending before the Calcutta High Court. The High Court was requested to expedite the proceedings and conclude them by March 31, 2022. Pending applications were disposed of.