9911796707
TMI Blog2022 (9) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... alleging contempt of the order of this Tribunal dated 27.02.2017, besides non-cooperation were filed under CA 51, 52 53 of 2018 and the said IAs after enquiry were dismissed by this Tribunal vide order dated 22.04.2019. However, the appeals preferred against the said order before Hon'ble NCLAT are pending. The Tribunal passed order dated 27.02.2017 giving various directions in the interest of 1st Respondent, which is now under the management of the Chairperson appointed by this Tribunal. Therefore, it is imperative that the directions supra, shall invariably be followed/complied with by the parties in the interest of the 1st Respondent, lest the affairs and the management of the 1st Respondent will be in jeopardy. The Petitioner as well as Respondents No. 2 3 are directed to extend full co-operation to the Chairperson of the 1st Respondent and to the Auditor enabling them to discharge their duties/functions - Application disposed off. - IA No. 1060/2019 in CA No. 73/97/HDB/2016 - - - Dated:- 2-8-2022 - Dr. Venkata Ramakrishna Badrinath Nandula , Member ( J ) And Veera Brahma Rao Arekapudi , Member ( T ) For the Appellant : S. Chidambaram , PCS For the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led to inspect those documents. (x) The Learned Chairman and Auditor are directed to complete the above exercise within a maximum period of three months from the date of receipt copy of this order. (xi) Both the Chairperson and Auditor are entitled to take any professional service/assistance required by them depending on the nature of their assignment, and they have to minute record all the proceedings and furnish copies to both the parties (xii) Both the Learned Chairperson and Auditor should make all efforts to settle the issue amicably. (xiii) The Respondent No. 4 is also directed to co-operate with the newly appointed Auditor, if any services are required by the CA. (xiv) The Registry of NCLT is directed to forward a copy of this order to the Learned Chairperson and Auditor. 3. It is stated that the above order of this Tribunal has been defined by R-2 and R-3 with respect to direction Nos. (iv), (v), (viii), (ix) (x) supra. 4. It is alleged that the above order of this Tribunal being a consent order the parties are bound by the same. The main grievances of the Applicant are (i) R-3 did not extend any cooperation to the 2nd Respondent/Chairperso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectronically. CA No. 53/2018 1. To take cognizance of and declare that Dr. Subba Rao Pavuluri has acted in willful disobedience of the order dated 08.03.2018 passed by this Hon'ble Tribunal and commit Dr. Subba Rao Pavuluri to civil prison in accordance with Section 12 of the Contempt of Courts Act, 1971. 2. Direct the Respondents to handover Tally back up for the years 2013-14, 2014-15 and 2015-16 along with password (if applicable) and full access to view all the transactions up to voucher entries level. 9. It is contended by the 3rd Respondent that the said three IAs were listed for the first time on 08.03.2018 and this Tribunal after hearing only the Ld. Counsel for the Applicant therein, passed orders directing the Respondent to furnish all the statements for 3 financial years i.e. 2013-14, 2014-15 and 2015-16 and tally backup electronic record without hearing the Ld. Counsel for the Respondents therein, despite his Jr, Counsel making a mention before this Tribunal that the Senior Counsel was appearing before Hon'ble NCLAT on that day and sought time to file counter. 10. Aggrieved by the order of this Tribunal dated 08.03.2018, an appeal was prefe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as similar applications which were filed earlier with same reliefs i.e. IA No. 52 of 2018 and IA No. 365 of 2018 which were dismissed vide order dated 22.04.2019 and as such this IA is hit by doctrine of res-judicata. 16. The applicant filed a re joinder, reiterating the averments made in the instant Application, besides contending, inter-alia, that the 3rd Respondent has responded after nearly 3 years of filing the Application that too without the leave of the Tribunal. 17. It is reiterated that the Applicant has addressed several communications to the Chairperson appointed by this Tribunal, which has been detailed at para 3 of the Rejoinder which demonstrates that the Chairperson has no control over 3rd Respondent. 18. It is reiterated that the 3rd Respondent is holding all the records Financial Statements as against the order passed by this Tribunal. 19. To buttress his case, the Applicant has relied on the following judgments to demonstrate that Section 128 and other Sections should not come in the way of Applicant in getting the copy of tally back up data for the said years:- (i) Swadesi Polytex Ltd. vs. V.K. Goel Ors. ( AIR 1987 Delhi 260), wherein it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal vide order dated 22.04.2019. However, the appeals preferred against the said order before Hon'ble NCLAT are pending. 24. Be that as it may, the Tribunal passed order dated 27.02.2017 giving various directions in the interest of 1st Respondent, which is now under the management of the Chairperson appointed by this Tribunal. Therefore, it is imperative that the directions supra, shall invariably be followed/complied with by the parties in the interest of the 1st Respondent, lest the affairs and the management of the 1st Respondent will be in jeopardy. 25. We are therefore of the opinion that instead of probing into the pleas relating to violations and the defence of compliance, the interests of the 1st Respondent being paramount, pass the following order:- (A) The Petitioner as well as Respondents No. 2 3 are directed to extend full co-operation to the Chairperson of the 1st Respondent and to the Auditor enabling them to discharge their duties/functions. (B) We direct the Chairperson (2nd Respondent) and the 3rd Respondent to make available the relevant records specified by the Applicant for perusal by the Applicant, in the presence of the Advocate Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
