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TMI Blog2022 (7) TMI 1431X X X X Extracts X X X X X X X X Extracts X X X X ..... d 18.09.2019 (Annexure A-3) of the Adjudicating Authority in which, while passing the order of dismissal as withdrawn, the Adjudicating Authority had given the liberty to it to file a fresh petition in case of breach of consent terms. Instead of filing a fresh petition under Section 7 of the Code, on the pretext that there was a breach of consent of terms, the Contempt Petition was filed which is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER (Virtual Mode) This appeal is directed against the order dated 20.01.2020 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Mumbai) in M.A 3564 of 2019 (Contempt Petition) in C.P. (IB) 1084/(MB)/2019. Counsel for the Appellant has submitted that the Respondent No. 1 had filed an application under Section 7 of the Insolvency and Bankruptcy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent (K.L.J Resources Ltd.) alongwith another party filed a Contempt Petition bearing Misc. Application No. 3564 of 2019 for the alleged breach of consent term. The Contempt Petition is on record as Annexure A-8. In the said Contempt Petition, the Adjudicating Authority had passed the following order on 20.01.2020: M.A 3564/2019 in C.P. (IB) 1084/(MB)/2019 This is a fit case whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cord. The question that arises for our consideration is as to whether in terms of the order dated 18.09.2019 (Annexure A-3), the Respondent herein had the jurisdiction to prefer the Contempt Petition instead of filing a fresh application in terms of the Section 7 of the Code? To our mind, the approach of the Respondent is totally fallacious as it did not understand the order dated 18.09.2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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