9911796707
TMI Blog2020 (12) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal were left out from being mentioned in the order, the respondents cannot be made liable under contempt, particularly in view of the fact that they are stated to have been preparing the same regularly. Since the order dated 11th February 2020 required certain clarification, it is made clear in this order and may be read accordingly by all concerned. Since there is no violation of the orders of this Tribunal, the present application filed by the applicant is dismissed. - I.A. (IB) No. /KB/2020 in C. P. No. 421/KB of 2020 - - - Dated:- 27-7-2020 - Jinan K.R., Member (J) And Harish Chander Suri, Member (T) For the Appellant : Mainak Bose, Urmila Chakraborty, Rishabh Karnani, Amitabh Ray, Advocate, Ratnanko Banerji, Sr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s reproduced as under:- We heard both sides. Although we are not convinced with submission prima facie on the side of the petitioners, in the peculiar circumstances brought out in the case in hand, that parties are near relatives, that parties are agreed to have partition of the shareholding in the R1 company, in order to safeguard the interest of both the parties, we are directing the respondents to prepare up-to-date status of the affairs of the company monthly, inclusive of the accounts till the partition proceedings are initiated and completed. In the meanwhile, parties are also directed to maintain status quo of the shareholdings and fixed assets of R1 company in accordance with the law. It is made clear that status quo regarding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that this Tribunal had passed order dated 11th of February, 2020 in C.P. No. 421/KB/2020, which has not been obeyed by the respondents no. 2 to 5 as they have willfully and deliberately disobeyed and acted in complete violation of the said order, calling for an action against the respondents under the appropriate sections of the Contempt of Courts Act, 1971. 6. A bare reading of the Order would clearly indicate that the parties had decided to go for partition of the shareholding in the R1 company, and therefore in order to safeguard the interest of both the parties, it was directed that the respondents would prepare up-to-date status of the affairs of the company on monthly basis which would include accounts till the partition proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to serve a copy thereof to the petitioner. It is stated that as per the directions, status quo is being maintained by the respondents. So, there is no question of any contempt on that count either. It is submitted by the respondents that such an application is against the principles for exercising any contempt jurisdiction. The learned counsel referred to and relied upon (2004) 7 Supreme Court cases 261 reported in Prithawi Nath Ram vs. State of Jharkhand Others, Civil Appeal No. 5024 of 2000 AND (2004) 13 Supreme Court cases 610 reported in V.M. Manohar Prasad vs. N. Ratnam Raju and Another, Civil Appeal Nos. 5442 of 2002 and submitted that both these Judgments have held that nothing can be added to or deleted from the order. It is subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required certain clarification, it is made clear in this order and may be read accordingly by all concerned. 11. The learned counsel submits that the reply affidavit is ready but could not be filed physically or through e-filing which has just been introduced. The respondents are directed to file reply affidavit within two weeks and rejoinder shall be filed by the petitioner within two weeks thereafter. 12. Since there is no violation of the orders of this Tribunal, the present application IA (IB) No. Of 2020 in C.P. (IB) No. 421/KB/2020 filed by the applicant is dismissed. There will, however, be no order as to costs. 13. The Registry is directed to send e-mail copies of the order forthwith to all the parties inclusive of the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
