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2022 (7) TMI 1431 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIJurisdiction - power of respondent to prefer the Contempt Petition instead of filing a fresh application in terms of the Section 7 of the Code - HELD THAT:- The approach of the Respondent is totally fallacious as it did not understand the order dated 18.09.2019 (Annexure A-3) of the Adjudicating Authority in which, while passing the order of dismissal as withdrawn, the Adjudicating Authority had given the liberty to it to file a fresh petition in case of breach of consent terms.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 totally uncalled for and unwarranted. The Contempt Petition was not maintainable at all as it has been filed while misunderstanding the order dated 18.09.2019 (Annexure A-3) the Adjudicating Authority was to consider as to whether the order passed by the Adjudicating Authority has been violated or not but the Adjudicating Authority do not have the jurisdiction to direct the party to the lis to get the FIR registered as has been done in the present case. Appeal allowed.
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