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2018 (2) TMI 1720 - AT - Companies LawProceeding against Resolution Professional, Mr. Mukesh Mohan - suppression of order passed by Appellate Tribunal - Held that - The allegation as made in this supplementary Affidavit being serious in nature, before passing any order or making any observations with regard to functioning of the Adjudicating Authority (Ahmedabad Bench), we issue notice on Mr. Mukesh Mohan to state as to why a proceeding for Contempt be not initiated against him - Mr. Mukesh Mohan, may file a reply within 15 days after service of copy of the same.
Issues:
Contempt of court by Resolution Professional for persuading the matter before the Adjudicating Authority despite the order of the Appellate Tribunal. Analysis: The judgment by the National Company Law Appellate Tribunal, New Delhi, addresses the issue of contempt of court by the Resolution Professional, Mr. Mukesh Mohan. The Tribunal notes that despite its previous order dated 08.12.2017, Mr. Mukesh Mohan proceeded with the matter before the Adjudicating Authority, allegedly suppressing the Tribunal's order. The Tribunal questions why the Adjudicating Authority passed a final order under Section 31 of the Insolvency & Bankruptcy Code, 2016, despite the pending appeal and the Tribunal's earlier order. The seriousness of the allegations prompts the Tribunal to issue notice to Mr. Mukesh Mohan to explain why contempt proceedings should not be initiated against him. A separate contempt case is to be opened, and formal notice is to be served to Mr. Mukesh Mohan. Furthermore, the Tribunal directs Mr. Mukesh Mohan to be provided with a copy of the order and the additional affidavit filed in the case, allowing him to respond within 15 days. The Tribunal schedules all related matters, including the contempt case, for a hearing on 21st February, 2018. It also specifies that the interim order from 01.12.2018 shall remain in effect until further notice. The judgment underscores the importance of upholding the orders of the Appellate Tribunal and the proper conduct of all parties involved in insolvency proceedings.
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