Srinivas Kalluri Vs Birendra Kumar Agarwal (NCLAT Chennai)
NCLAT Chennai held that appeal as prescribed under section 19 of the Contempt of Courts Act, 1971 against the order of dismissal of contempt petition is not maintainable. Accordingly, company appeals are dismissed.
Facts- The Company Appeals, which has been preferred by the Appellants by invoking the provision contained u/s. 61 of I & B Code, which is to be read with Section 19 of the Contempt of Courts Act, 1971. The Appellants, in these two Company Appeals have raised their cause being aggrieved as against the impugned order dated 26.03.2025, as it had been respectively passed in the Company Petitions, in Contempt Petition No.8/2025 and Contempt Petition No.6/2025, respectively, that were emanating from the proceedings of Company Petition (IB) No.296/2022.
The resultant effect of the impugned order had been that the Contempt Petition, which had been preferred under “Section 425 of the Companies Act, 2013 r/w Section 2 (A) (B) & C of Contempt of Courts Act, 1971, Section 60(5) of the Insolvency & Bankruptcy Code, 2016 r/w Rule 11 of NCLT Rules, 2016”, has been dismissed.
Conclusion- Held that, any decision taken by the Tribunal will not be appealable under Section 19 of the Contempt of Courts Act, 1971 if it is any order other than the order of punishment under Section 12 of the Act of 1971.
