TaxTMI 
TaxTMI 
2019 (9) TMI 713
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.... Company Law Tribunal ("Tribunal" for short), Hyderabad Bench, Hyderabad is under challenge, they were heard together and are being disposed of by this common judgment. 2. An application under Section 425 of the Companies Act, 2013 was filed by the Appellant- Mr. Gireesh Kumar Sanghi ("Petitioner" in the main Company Petition) seeking initiation of contempt proceedings against the Respondents for alleged wilful violation of the order dated 23rd October, 2008 passed by the erstwhile Company Law Board, Additional Principal Bench, Chennai. 3. The Tribunal by impugned order dated 22nd April, 2019 while holding that there is no wilful disobedience of order dated 23rd October, 2008 passed by erstwhile Company Law Board also held that there ....
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.... as quoted below: "408. Constitution of National Company Law Tribunal.─ The Central Government shall, by notification, constitute, with effect from such date as may be specified therein, a Tribunal to be known as the National Company Law Tribunal consisting of a President and such number of Judicial and Technical members, as the Central Government may deem necessary, to be appointed by it by notification, to exercise and discharge such powers and functions as are, or may be, conferred on it by or under this Act or any other law for the time being in force." 8. In terms of the aforesaid provisions, the Tribunal has been empowered to exercise and discharge such powers and functions as have been conferred on it or under....
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....e filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period. (4) On the receipt of an appeal under sub-section (1), the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as i....
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....s the High Court has and may exercise, for this purpose, the powers under the provisions of the 'Contempt of Courts Act, 1971', which shall have the effect subject to modifications that in place of High Court, it should be read as Tribunal or the Appellate Tribunal; and in place of Advocate-General, it is to be read as Law Officers as may be specified by the Central Government. 14. Article 215 of the Constitution of India makes it clear that the High Courts are courts of record and shall have powers of such a court including the person to punish for contempt of itself, as quoted below: "215. High Courts to be courts of record.─ Every High Court shall be a court of record and shall have all the powers of such a court includ....
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....anies Act, 2013. 19. There is a provision of appeal under Section 19 of the 'Contempt of Courts Act, 1971', as distinct from Section 421 of the Companies Act, 2013, as quoted below: "19. Appeals (1) An appeal shall lie as of right from any order or decision of the High Court in the exercise of its jurisdiction to punish for contempt- (a) where the order or decision is that of a single judge, to a Bench of not less than two judges of the court; (b) where the order or decision is that of a Bench, to the Supreme Court: PROVIDED that where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court (2) Pending any appea....
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....ection 421 of the Companies Act, 2013 is not maintainable before this Appellate Tribunal. This apart, the petition for initiation of Contempt proceeding was also barred by limitation as prescribed under Section 20 of the 'Contempt of Courts Act, 1971'. 22. So far as the merit is concerned, the Tribunal noticed that the Appellant (Petitioner) alleged that order dated 23rd October, 2008 passed by the erstwhile Company Law Board, Additional Principal Bench, Chennai, has been violated by Respondents with an intention to safeguard the interest of the Sanghi Group of Companies, the relevant of which is quoted below: ".......Therefore with a view to ensure amicable solution for the disputes and in the paramount interest of San....