TaxTMI 
TaxTMI 
2025 (8) TMI 897
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....ch in an application under Sections 241 & 242 of the Companies Act, 2013 filed by the Union of India. 2. Comp. App. (AT) No. 93/2022 was finally decided by the judgment of this Tribunal dated 21.10.2024. In Comp. App. (AT) No. 93/2022, directions were issued in paragraph 102 & 112. In paragraph 102, following directions were issued : "102. ...We, thus, are of the view that the Committee nominated by the Central Government has to complete the process of taking actions to bring to an end the matters complained of expeditiously. We are inclined to fix a time frame for completing the process of remedial actions by Committee to subserve the object for which NCLT passed an order under Section 241 and 242. We direct the Committee to complete its process of taking remedial actions to bring to an end the matters complained of by 31.03.2025. The Committee to also conduct the elections as per the Article of Association, Clause 20 of the Article of Association deals with 'Management of the Club to be vested in a General Committee', which provides the mode and manner of the election of General Committee from the prominent Members of the Club..." 3. Appeals were disposed of as per....
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....he Ld. NCLT are addressed and the affairs of the Club are remedied in compliance with law; b. Pass any other order(s) or direction(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case and in the interest of justice". This Tribunal by its Judgment dated 21.10.2024 has decided CA (AT) No. 93 and CA (AT) No. 141 of 2022 finally after hearing all the parties. It has been brought to our notice that Civil Appeal No(s). 395 of 2025 has been filed challenging the said Judgment before the Hon'ble Supreme Court. Hon'ble Supreme Court vide order 27.01.2025 has passed the following order: "I.A. No. 12584 of 2025, Application for deletion of proforma Respondent Nos. 4 to 19 is allowed at the risk and cost of the petitioners. At this stage, learned Counsel, who are on caveat on behalf of Respondent Nos. 1 and 2, accept notice and waive service. Issue notice to Respondent No. 3 returnable in six weeks". Hon'ble Supreme Court having already issued notice. In view of the appeal being entertained by Hon'ble Supreme Court against our Judgment dated 21.10.2024, we are of the view that t....
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....mkhana Club that the appeal before the Hon'ble Supreme Court is likely to be listed on 04.08.2024. Learned counsel for Delhi Gymkhana Club has also stated before this Tribunal that they have filed an application in Civil Appeal No. 395/2025 for extension of time granted to MCA - appointed General Committee, on 23.04.2025 which application is likely to be listed before Hon'ble Supreme Court on 04.08.2025. By order dated 25.07.2025 passed in Contempt Case (AT) No. 21/2025, the contempt application was directed to be listed on 22.08.2025. The order dated 25.07.2025 passed in Contempt Case (AT) No.21/2025 is as follows: "Ld. Counsel for the Appellant submits that an appeal has been filed by the Appellant before the Hon'ble Supreme Court challenging the order dated 21.10.2024 passed by this Tribunal in which on 27.01.2025 notices were issued and the appeal is tentatively shown to be listed on 04.08.2024. Ld. Counsel appearing for the Delhi Gymkhana Club submits that Delhi Gymkhana Club has also filed an application praying for extension of the time granted to MCA - appointed General Committee, on 23.04.2025 which application is likely to be listed before Hon'ble Suprem....
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....in Contempt Case (AT) No.21/2025 dated 25.07.2025 as noted above. 11. The additional Prayer which has been made in the contempt application are to initiate appropriate criminal contempt proceedings against the R-2 under the Contempt of Courts Act, 1971 and further to direct DGCoA to file report in two weeks on the original and tampered Bakertilly Forensic Audit Report. It has also been pleaded in paragraph 21 that Respondent No. 3 has not filed three monthly action taken reports and the Financial Report as directed (by order dated 01.04.2022 of the NCLT). In paragraph 21 of the application it has been pleaded: "21. Furthermore, given repeated contumacious conduct of the Respondent No.2 in inter alia purposely not filing 3 monthly Action taken reports and the Financial report as directed, and in stark violation of Orders of this Hon'ble Tribunal, the acts of Respondent No.2 prove wilful mens rea to obstruct the administration of justice. Such misconduct prevents this forum from being able to adjudicate issues regarding corrupt affairs of R-2 gymkhana, thereby also amounting to criminal contempt under Section 2(d) of the Contempt of Courts Act, 1971." 12. The order dat....
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...., the contempt petition should have been disposed of on merits instead of adjourning the same till disposal of the appeal, so that question of deliberate violation of the subsisting order of the Court is considered and enforceability of the Court's order is not permitted to be diluted. In the facts of the case, we feel that the contempt petition should be disposed of within a period of three months from the date of the communication of this order and we order accordingly. It is further directed that before disposal of the contempt petition, the pending appeal should not be taken up for hearing. The appeal is accordingly disposed of." 15. In the above case, against the order of Learned Single Judge of the High Court an appeal was filed before the Division Bench, contempt application filed in the appeal was adjourned till the disposal of the appeal against which order Civil Appeal was filed before the Hon'ble Supreme Court. In the above facts, Hon'ble Supreme Court held that contempt petition should be disposed of and before disposal of the contempt petition, the pending appeal should not be taken up for hearing. The present is the case, where against the judgment dated 21.10.....