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TMI Blog2019 (7) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... l) For The Appellant : Ms. Shweta Bharti, Mr. J.K. Chaudhary, Mr. Avinash Singh and Ms. Katyani Mahendru, Advocates ORDER The Appellant alleged violation of order of 'status quo' dated 29th November, 2017 in I.A. No. 46 /2017 and moved an application under Section 425 of the Companies Act, 2013 for initiation of contempt proceedings against the 'Contemnor - Respondents'. The National Company L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proved beyond any doubt that the contemnors were duly communicated such an order requiring them to maintain status quo etc. in respect of Goel Entrade Private Limited. The applicant must also show that such direction was violated wilfully and intentionally showing utter disdain to such direction rendered by this Bench. 13. However, in the present case, there was no proof whatsoever that contemn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties to any proceedings before it, a reasonable opportunity of being heard. The order passed under Section 420 of the Companies Act, 2013 is appealable under Section 421 of the Companies Act, 2013. 4. The power to punishment to the contemnor is vested with the Tribunal under Section 425 of the Companies Act, which reads as follows: "425. Power to punish for contempt The Tribunal and the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... power under the provisions of the Contempt of Court Act, 1971 is applicable subject to modification as shown therein. 6. As per Contempt of Court Act, 1971, the appeal lies under Section 19. 7. In the circumstances, the question arises for consideration is whether the appeal under section 421 is maintainable or not. 8. The other question is that if the Tribunal rejected the application for i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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