2021 (1) TMI 609 - AT - IBC

Contempt petition - Oppression and Mismanagement - matter is still pending for final disposal before the learned National Company Law Tribunal (NCLT) - Sections 241 242 of the Companies Act, 2013 - seeking direction to Respondent No.2 to 5 to give access to the Petitioner Company/GETL immediate access to all of the Company s data including electronics data and emails of employees of the Company which are saved on/available on the servers of Respondent No.5 and/or its group Companies - HELD THAT - The Interim Orders passed by NCLT were substituted by the Interim Orders of this Tribunal which were passed on 27th August, 2019 by Judgement dated 17th February, 2020, 2020 (2) TMI 820 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI the Order concerned of NCLT has been substituted by the Interim Orders as were passed by this Tribunal. The matter is now squarely before the learned NCLT. If the Applicant has any grievance, the Applicant can move the learned NCLT for any relief (including seeking action of contempt), as may be admissible in law. The present Contempt Case is disposed with liberty to the Applicant to move the learned NCLT for relief as may be admissible in law.

Summary

Issues:
Contempt of court for violation of orders passed by the National Company Law Tribunal (NCLT) and subsequent orders by the Appellate Tribunal.

Analysis:
The Applicant filed a Contempt Case alleging violation of Orders passed by the NCLT on 27th August, 2019. The NCLT had passed Interim Orders on 12th June, 2019, which were subsequently vacated on 23rd August, 2019. The Appellate Tribunal passed Orders on 27th August, 2019, providing certain directions in paragraphs 6 and 8. These Orders were challenged in Company Appeal before the Appellate Tribunal. The interim Orders of the NCLT were substituted by the Appellate Tribunal's Orders on 17th February, 2020, which were to continue till the final disposal of the case.

The Applicant argued that the matter is still pending before the NCLT for final disposal. The Appellate Tribunal noted that the interim Orders of the NCLT had been substituted by its own Orders and that the matter was now before the NCLT for further action. The Applicant was advised to seek relief, including action for contempt, from the NCLT if necessary.

The Appellate Tribunal declined to entertain the Contempt Case, stating that they did not delve into the merits of the allegations. The case was disposed of with liberty given to the Applicant to approach the NCLT for any admissible relief. The Respondents' Counsel highlighted that the matter before the NCLT was at the stage of Section 45 of the Arbitration and Conciliation Act, emphasizing the need for a prompt decision by the NCLT to resolve the dispute between the parties.

In conclusion, the Appellate Tribunal declined to entertain the Contempt Case, advising the Applicant to seek relief from the NCLT. The case was disposed of, emphasizing the importance of a swift decision by the NCLT in resolving the ongoing dispute between the parties.