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2022 (3) TMI 810 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHInitiation of Contempt of Court proceedings against the Alleged Contemnors - willful disobedience/breach of orders - direction to Contemnors to cease and desist from carrying any construction activity on the subject land - HELD THAT:- In order to establish that there is contempt by the respondents of the order of this tribunal. Following ingredients have to be fulfilled namely;--Firstly, whether there is any restraint order against any of the parties; Secondly, whether Respondents are aware of the order; Thirdly, whether the respondents are able to comply with the order; Lastly, whether there is disobedience of the order by the respondent. Admittedly, there is no allegation with regard to any change in shareholding of the Applicant having been effected by the Respondents/alleged Contemnors. Therefore, no case is made out with respect to disobedience in relation to this part of the order. Now, coming to the second part of the order, it is seen the Respondent No. 1 is a company engaged in the real estate business. In defence of the allegation, it has been submitted that there no ownership rights have been created by the Respondents/alleged Contemnors in favour any third party and only a development agency has been engaged to continue with the housing project of the Respondent No. 1 Company - In the instant case the Applicant has not been able to establish with cogent evidence that ownership of the said project of Respondent No. 1 has been transferred in favour any third party. No case about contempt of this Tribunal's orders dated 15.9.2017 and 15.1.2019 has been made - the present contempt petition is dismissed as being devoid of merits.
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