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National Company Law Appellate Tribunal

Manoj K Daga vs Isgec Heavy Engineering Limited & Ors on 12 July, 2021

             NATIONAL COMPANY LAW APPELLATE TRIBUNAL,
                     PRINCIPAL BENCH, NEW DELHI
                   Contempt Case (AT) No. 24 of 2020
                                    IN
             Company Appeal (AT) (Insolvency) No. 1113 of 2019

 In the matter of:

State                                                            ....Petitioner
 Vs.
Manoj K. Daga & Deepak K. Daga                                ...Contemnors/
                                                                 Respondents
      For Petitioner:
      For Contemnors/      Mr. Sandeep Bajaj, Mr. Shashaank, Advocates for
      Respondents:         R3
                           Ms. Aakansha Nehra, Mr. Prag Rai, Advocate for
                           R2
                           Mr. Neeraj Kr. Gupta, Advocate for Contemnors.

                                  ORDER

(Through Virtual Mode) 12.07.2021: This Contempt Case has arisen out of Company Appeal (AT) (Insolvency) No. 1113 of 2019. The said Appeal was disposed of as per order dated 12th March, 2020.

2. Now, Interlocutory Application No. 1285 of 2021 has been filed by the Counsel for erstwhile Resolution Professional stating that the matter has already been settled before the Adjudicating Authority (National Company Law Tribunal, Cuttack Bench, Cuttack) and order has been passed in IA No. 292/CB/2020. The Learned Counsel for the Resolution Professional submits that the Contemnors have purged the contempt and it is stated that the contempt case may be disposed of.

Contd/-...........

2

3. Learned Counsel for the Original Appellants- Contemnors submits that the Contemnors had no intention to violate the orders of this Tribunal and that they have already paid much more than what was stated to have been withdrawn by them and settled with all concerned and that they have submitted unconditional apology.

4. In view of the above developments in the matter, we recall the notice dated 31st August, 2020 passed in Contempt Case (AT) No. 24 of 2020. The Contempt Case stands disposed of.

5. Before parting, we record our appreciation for efforts put in by Resolution Professional and his Advocate Mr. Sandeep Bajaj for their positive approach in matter which became complex due to developments. Their patience has helped parties see through Section 12A of the 'I&B Code', to promote justice.

[Justice A.I.S. Cheema] The Officiating Chairperson [Dr. Alok Srivastava] Member (Technical) Anjali/g Contempt Case (AT) No. 24 of 2020 IN Company Appeal (AT) (Insolvency) No. 1113 of 2019