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2023 (10) TMI 603 - AT - Insolvency and BankruptcyContempt petition - decision in personam - admission of application and initiation of CIRP - case of the Petitioner is that the Respondent No. 1 (RP) has violated the order by appointing a project monitoring consultancy during the subsistence of the order i.e. in the month of June, 2020. HELD THAT:- It is well settled that the contempt is a serious matter because it causes both physical and fiscal punishment specially when the contempt has been alleged against a professional (RP). The Petitioner has to make out a full proof case about the wilful violation of the order passed by the Tribunal for the purpose of seeking attention to issue an order of contempt and punish accordingly. In the present case, the petition has been filed after the expiry of limitation of one year as the order was passed on 24.01.2020 and the petition has been filed on 12.08.2023 and is clearly barred by limitation because the Petitioner was very well aware of the appointment of the PMC which was duly ratified in the second meeting of CoC held on 21.08.2020 and the Petitioner attended 3rd and 4th CoC meeting held on 10.09.2020 and 16.09.2020 subsequently. The case of the Petitioner is that he came to know about the appointment of the PMC somewhere in April, 2023 when the alleged promoters/directors of the PMC challenged the FIR registered against them before the Patna High Court and were not successful cannot be believed. Locus Standi - HELD THAT:- The decision in the case of Girish Mittal [2019 (4) TMI 1630 - SUPREME COURT] is also of no help because in that case it was an order passed in rem which could have affected a person in the street, therefore, the contempt was filed because of the direction issued by the Hon’ble Supreme Court were not followed but here is the case in which the direction issued was between the parties, therefore, it was a decision in personam. There is no contempt made out in this case because the order which was passed on 24.01.2020 was only to the extent that the CoC shall not be constituted if it is not yet constituted and the RP has to ensure that the company remains a going concern which is also the spirit of Section 20(1) of the Code and further the RP was directed to take assistance of the suspended board of director which is again the spirit of Section 19 of the Code. Petition dismissed.
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