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2021 (5) TMI 139 - Tri - Companies LawInitiation of contempt proceedings against the Respondents/Contemnors for wilful disobedience - Section 425 of the Companies Act, 2013 read with the Contempt of Courts Act, 1971 - HELD THAT:- The Respondents especially Respondent Nos. 4 & 5 have breached their own undertakings given by way of Affidavit of undertaking before the Tribunal, and the interim orders passed by NCLAT in question. It is general principle of law that any one, who intentionally violate orders of Court/Tribunal, whether they are party to proceedings or not in question, are liable to be hauled up for Contempt. However, principles of natural justice demands that those parties to be given opportunity before initiating action against them to defend. Since Respondent Nos. 4 & 5, have furnished their undertakings in question, and basing on that NCLAT passed interim orders in question, other Respondents cannot be directly be taken up contempt proceedings, and Respondent Nos. 4 & 5 should be held responsible for the contemptuous actions of other Respondents also. The Respondent Nos. 4 & 5 are committed Contempt of the orders dated 27.08.2019 and 17.02.2020 passed by Hon'ble NCLAT and also earlier Affidavit undertaking dated 17.08.2019 filed before NCLT - Respondent Nos. 4 & 5 are committed Contempt of the orders dated 27.08.2019 and 17.02.2020 passed by Hon'ble NCLAT and also earlier Affidavit undertaking dated 17.08.2019 filed before NCLT. Post the Contempt case for further hearing on 03rd May, 2021.
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