2025 (6) TMI 2111

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.... Oral Judgment : Justice Sharad Kumar Sharma, Member Judicial: The facts that engage our consideration are that; 1. On 06.11.2023 Smt. G. Kalpana, the Resolution Professional had filed a Contempt Application (IBC) / 5 / HYD / 2024 in CP (IB) No.10/7/HDB/2022, alleging non-compliance of the Order dated 19.07.2023 as preferred against the Suspended Board of Directors, which includes the Appellant, being the Suspended Managing Director of the Corporate Debtor (CD). The Contempt Application is shown to have been drawn, while exercising its powers under Section 425 of the Companies Act, 2013, to be read with Section 12 of the Contempt of the Courts Act,1971. The said Contempt Petition was taken up before the Ld. NCLT on 07.04.2025 a....

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....diction, powers and authority in respect of contempt of themselves as 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- (a) the reference therein to a High Court shall be construed as including a reference to the Tribunal and the Appellate Tribunal; and (b) the reference to Advocate-General in section 15 of the said Act shall be construed as a reference to such Law Officers as the Central Government may, specify in this behalf." The above provision provides for that the contempt proceedings could be drawn in accordance with the powers contained under the provisions of the Contempt of Court....

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....ho moves the machinery of the court for contempt only brings to the notice of the court certain facts constituting contempt of court. After furnishing such information he may still assist the court, but it must always be borne in mind that in a contempt proceeding there are only two parties, namely, the court and the contemnor It may be one of the reasons which weighed with the legislature in not conferring any right of appeal on the petitioner for contempt. The aggrieved party under Section 19(1) can only be the contemnor who has been punished for contempt of court." 2. Thus, the closure of the contempt is rather in the interest of the Appellants and in that eventuality, the Appellants, cannot be permitted to invoke the Appellate Jurisd....