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2022 (6) TMI 545 - NATIONAL COMPANY LAW TRIBUNAL , CHENNAI BENCHPunishment for contempt of orders of this Tribunal - direction to jointly and severally compensate the Petitioners for the wrongful loss caused to the Petitioners as result of non-compliance of orders of this Tribunal - Section 424(3) read with Section 425 read with Section 241 of the Companies Act, 2013 read with Rule 11 of National Company Law Tribunal Rules, 2016 - HELD THAT:- It is seen that the Corporate Insolvency Resolution Process in respect of the Corporate Debtor was ordered by this Tribunal vide order dated 13.11.2018 and IRP was appointed. In relation to the non-compliance of the order passed by this Tribunal it was submitted by the Respondents that the Petitioners have failed to pay the Sales Tax dues and hence they have also violated the terms of the Joint memo of compromise. In this regard, it was submitted that the Sale Tax Department has not lodged any claim for any period prior to 31.03.2020 and has lodged a total claim of only Rs. 18 lakh, that too pertaining to the subsequent period, with the RP in respect of the 1st Respondent Company. Therefore, the claim of the sale tax dues upto 31.03.2010 having become an impediment is a bogus claim. Further, as per clause 6 of the joint memo, if there is any sales tax claim pertaining to period prior to 31.03.2010, even if it was not resolved by the Petitioner, the right of the Respondents was only to discharge the same and recover it as a charge on the property of the Petitioner. Therefore, the Respondents had no right under the compromise memo not to comply with the undertaking to discharge its dues to ARCIL, or disregard the orders passed by this Tribunal. In any case, the Respondents are bound to comply with the directions/orders of this Tribunal. The Respondent Nos. 2 to 5 have willfully and deliberately disobeyed the orders passed by this Tribunal - The Respondent Nos. 2 to 5 are directed to jointly and severally pay a sum of Rs. 5.5 Crore to the Petitioner together with interest at the rate of 18% p.a. till the date of payment, within a period of 30 days from the date of this order - the Contempt Application stands disposed of.
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