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2020 (2) TMI 1589 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHILiability of Appellant - Directorate of Economic Offences (DEO) to pay ₹ 5 Lakhs for not cooperating with the Resolution Professional in compliance to directions of the Hon’ble High Court - HELD THAT:- The contumacious conduct attributed to the Appellant - Delinquent Officer of the DEO for not extending cooperation to the Resolution Professional in carrying forward the process of resolution may be violative of the directions of the Hon’ble High Court rendering being hauled up for Contempt of Court, same could not be linked with the order of liquidation, there being no nexus between the two. Order of liquidation, not assailed herein, rests on its own considerations independent of conduct of Appellant. Thus, while passing the order of liquidation, the Adjudicating Authority exceeded its jurisdiction in slapping the Appellant with liability of costs, which in fact was the penalty imposed for the alleged contumacious conduct - appeal allowed.
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