2019 (7) TMI 580

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....R Per : Harihar Prakash Chaturvedi, Judicial Member (J.) 1. By these set of applications, the applicant has made a common prayer for restoration of M.A. No. 5/NCLT/AHM/2017 and Contempt Application No.6/NCLT/AHM/2017 which were filed in T.P. No.115/NCLT/AHM/2016. 2. In these applications, the applicant has made a relief for recalling of impugned order dated 19.03.2018 passed by this Bench, whereby it dismissed the above stated M.A. No.5 of 2017 and Contempt Application No.6 of 2017 in default and for want of prosecution. 3. While disposing of and dismissing the above said applications, this Bench observed that the applicant was not present on the scheduled date of hearing i.e. 19.03.2018. Further, he did not remain present in pr....

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....e said applications are vehemently opposed by the respondents by filing affidavit in reply stating, inter alia, that the present applications are not properly filed nor has been affirmed strictly as per the guidelines laid down by the Hon'ble Gujarat High Court for filing affidavits, hence, the present applications are not maintainable before this Bench of NCLT. That apart, it is further alleged that the contents of applications are unverified and unattested and nor it is mentioned about the Forum of the present case, because the original case was filed before the Company Law Board (CLB), Mumbai, later on, it came to be transferred to this Bench of the NCLT. Therefore, no sufficient reasons are shown by the applicant seeking restoration of ....

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.... of oppression and mismanagement". 11. In view of the above said observation made by the CLB, this Bench issued certain direction to be complied with by the present respondents and held that they are at fault prima-facie that the respondents are guilty of contempt of Court. It is further alleged that such directions of this Bench were not complied with, which constrained the applicant to move M.A No.5 of 2017 and Contempt Application 6 of 2017, which came to be dismissed in default and now is the subject matter of the present restoration application. 12. It is well settled legal position in catena of decisions of the Hon'ble Supreme Court and High Courts that if there is allegation of breach of Court's order/direction and there is pri....