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        IBC

        Contempt jurisdiction being penal and statutory cannot be...

        Contempt enforcement of tribunal orders in IBC cases u/s 425-attempt to file contempt elsewhere rejected

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Contempt jurisdiction being penal and statutory cannot be assumed by implication or on equitable considerations. Since Section 425 of the Companies Act, 2013 confers on the NCLT/NCLAT the same contempt powers as a HC in respect of contempt of their own orders, such power is plenary and applies to all proceedings before the Tribunal, including those under the IBC; hence parties cannot bypass the statutorily empowered forum by approaching the HC under Section 10 of the Contempt of Courts Act, 1971. Any intervention by the HC, if warranted, lies only under Articles 226/227 and not through a contempt petition. The contempt petition was held not maintainable and dismissed - HC
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