2024 (12) TMI 1701

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....t Arora & Mr. Sanjay Shah, Liquidator. ORDER [Per : Justice Rakesh Kumar Jain (Oral)] This appeal is filed by the Suspended Director of the Corporate Debtor under Section 61 of the Insolvency & Bankruptcy Code, 2016 ('Code') to challenge the order dated 10.06.2024 passed by the National Company Law Tribunal, Ahmedabad, Court-2 ('Tribunal') in Cont. A/3 (AHM) 2023 & IA/ 785 (AHM) 2023. 2. In brief, AKZO Nobel India Ltd. filed an application under Section 7 of the Code against the Corporate Debtor, namely, Jivanjoyt Motors Pvt. Ltd. which was admitted on 20.10.2022. Ajay Kumar Jain was appointed as IRP and ultimately appointed as RP on 18.11.2022. 3. The RP filed an application bearing IA No. 1070 of 2022 under Section 19(2) r/....

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....owever, the contemnors/ respondents have provided partly accounting datas to the forensic auditor and few documents only on 17.01.2023 i.e. statutory notices of GST, Income Tax and PF Departments, Banks' notices, Creditors/ employees' notices, Banks' details (without ph. No. email ids of officers) and Old bank statements, PAN card, Sale deed of one immovable property situated at Navsari, Gujarat." The prayer made in the aforesaid contempt petition is as under :- "1. Initiate contempt proceeding against the alleged contemnors/respondents for wilfully and deliberately disobeying the order dated 02.01.2023 of this Hon'ble Tribunal passed in the IA No. 1070/2023 - u/s. 19(2)." 6. While this contempt petition was pending, the RP f....

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....ertified the Statutory Audit reports of the corporate debtor. List for further consideration on 16.07.2024." 8. Against this order the present appeal has been filed. 9. Counsel for the Appellant has submitted that the Impugned Order has been passed without there being any pleadings or prayer in both the application bearing I.A. No. 1070 of 2022 and I.A. No. 785 of 2023 and therefore it is only a roving enquiry ordered by the Tribunal that too in a contempt application which is not permissible because in a matter of contempt, the court is only concerned with the order which has been passed and alleged to have been violated that too wilfully. 10. Counsel for the Appellant, during the course of hearing, has produced an applic....

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..... e) Your Lordship may be pleased to pass an order directing respondents to provide all the documents/ information/ clarification as sought by applicant and attached I as Annexure-T in the present application f) Your Lordship may be pleased to pass an order in respect to illegal payment of Rs. 10,46,40,362/- in cash as salary, directing respondents no. 1 to 3 to make such contribution to the Corporate Debtor as deem fit by Hon'ble Adjudicating Authority. g) Your Lordship may be pleased to refer to IBBI for initiating criminal proceedings against respondents no. 1 to 3 under Section 236 of the Code for violation of Section 68 (i)(b), Section 70(1)(b) and Section 71 of IB Code, 2016 h) Your Lordship may be pleas....