TaxTMI 
TaxTMI 
2025 (9) TMI 1541
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....the import of goods, items and machinery for setting up a 2x600 MW Thermal Power Plant in Khadagprasad P.S, Motagan, District Dhenkanal Odisha. 4. The CD imported goods being items of machinery in between July, 2011 to April, 2016 against 45 number of bills of entry but the goods were not released because the CD failed to furnish required documents. 5. The CD provided bills of entry of 42 bills. The Deputy Commissioner, Paradip Customs Division (for short 'DC') issued out of charge (OOC) in respect of those goods but in respect of three bills of entry, no OOC was granted because the CD did not file bill of entry even after more than one year of import. 6. Since, the CD slipped into Liquidation on 27.11.2019, the DC filed a claim of Rs. 34,64,33,861/- and Appellant No. 1 / Deputy Traffic Manager of Paradip Port Authority (DTM) filed a claim of Rs. 4,36,30,691/- before the Liquidator. 7. Since, the goods were not released by the DC and the present Appellants, the Liquidator filed I.A No. 939 of 2020 seeking direction for the release of the same by the DC and present Appellants. The said application was allowed vide order dated 29.03.2023 with the following directi....
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....t issued the notice in the appeal on 11.07.2024 and stayed the operation of the order. The said order dated 11.07.2024 is reproduced as under :- "This appeal is directed against the order dated 09.05.2024 by which the Appellants have been held guilty of contempt and sentenced for simple imprisonment of one month each and are further directed to pay a fine of Rs. 1,000/- each for the disobedience of the order dated 29.03.2023 passed in CP (IB) No. 296/7/HDB/2018. 2. Sr. Counsel for the Appellant has submitted that the noncompliance of the order was not intentional but because of mis- reading and mis-understanding of the order by the present Appellants because of the letter of the liquidator dated 17.04.2023. 3. He has further submitted that the Appellant shall comply with the directions of the Ld. Tribunal immediately and also tender their unconditional apology. 4. Issue notice. At this stage, Counsel appearing on behalf of the Respondent (Liquidator) accepts notice in court. 5. List again on 15th July, 2024 at 03:00 PM. In the meantime, operation of the impugned order shall remain in abeyance till then." 17. Before the next d....
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.... NCLT, your good office is advised to release the following goods belonging to or purchased by Lanco Babandh Power Limited lying with your at Paradip Port trust Authority or Custom department at Paradip or any other place, to the Liquidator's possession and subsequent handover to the purchaser i.e., M/s Jindal Steel & Power Ltd (Subject to receipt of balance payment and issuance of sale certificate by the Liquidator) in order to be legally compliant to the aforesaid order." 5. I humbly state that in both the letter address to M/s. Paradeep Port Trust by the 19 Respondent herein, the 1st Respondent had categorically stated that the goods belonging to the Corporate Debtor, be released on payment of entire sale consideration and issuance of sale certificate in favour of the auction purchaser. In view of the same, the Appellants herein, though were ready and willing to comply with the order of the Hon'ble NCLT, in both letter and spirit, were awaiting further instructions from the auction purchaser, M/s. Jindal Steel and Power Limited. Owing solely to the same, the Appellants awaited the handing over of the goods of the Corporate Debtor. In fact, the Appellants herein,....
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....nt and to request their cooperation in facilitating the immediate lifting of the Block-C assets from the port premises by the H1 bidder. 16. The process of lifting the assets (approx .. 18,000 tons) is currently in progress. Given that the NOC has now been granted and the lifting is underway, I have no objection to the setting aside of the operative part of the contempt order against the appellants, provided that they comply with future directives. However, I reserve the rights to take further action should any breaches occur moving forward". 21. On 11.12.2024, after taking the affidavits dated 30.10.2024 on record, this Court passed the following order :- "The Respondent/liquidator has filed his affidavit dated 30.10.2024 in pursuance of the order dated 26.09.2024. Paragraph no. 13 to 16 of the said affidavits are reproduced as under: "13. Notably, after the present contempt ruling, the appellants finally issued a letter along with the NOC dated 24.05.2024, indicating a shift in their stance granting their no-objection and releasing the concerned goods in favour Liquidator lying at the Paradip Port. 14. Additionally, post the NOC from the app....
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....on that might be passed by the Adjudicating Authority and Appellate Authority in future. It Is also pertinent to note that the H1 bidder is yet to complete the process of lifting the goods and has been seeking extension of time for completing the process, which has also been permitted from time to time. We are also committed to comply with the instructions of the Liquidator in this regard. 6. It is respectfully submitted that we deeply regret the incidents that led to the AA passing the impugned order punishing the appellants for contempt of court and sincerely tender our apologies for the same. The averment made above would clearly show that we have taken all steps to purge our contempt. We, therefore, plead for the mercy of this Hon'ble Tribunal in condoning our acts that led to the contempt of court action against us. It is therefore prayed that this Hon'ble Tribunal may be pleased to pass an order purging the Appellants of the charge of contempt of court for which they had been imposed punishment by the Hon'ble Adjudicating Authority in National Company Law Tribunal, Hyderabad Bench in their order dated 09.05.2024 in Contempt Petition No. 16/2023 i....