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2023 (4) TMI 1201 - AT - Companies LawSeeking issuance of contempt proceedings against the Respondents (the Appellants herein) for continuous noncompliance and wilful disobedience of the order - Section 425 of the Companies Act, 2013 read with the provisions of the Contempt of Courts Act, 1971 - HELD THAT:- The Appellant-M/s. Morepen Laboratories Ltd. as well as Union of India are aggrieved with the order of the Company Law Board dated 01.07.2005, filed separate company appeals before the Hon’ble High Court of Himachal Pradesh at Shimla. The Hon’ble High Court vide its common order dated 17.05.2007 dismissed both the appeals. Thereafter, the Appellant-M/s Morepen Laboratories Ltd. as well as Union of India again challenged the order of the Hon’ble High Court before the Hon’ble Supreme Court of India by filing two separate Special Leave Petitions and the Hon’ble Supreme Court of India directed to maintain status quo by orders dated 16.07.2007 and 07.09.2007 respectively and the said status quo order continued till the disposal of the said SLPs. The NCLT has rightly considered the facts and circumstances of the case that the order in CP No. 4 of 2005 dated 01.07.2005 was upheld upto the Hon’ble Supreme Court of India and hence the NCLT cannot modify or cancel the same. The observation of the Hon’ble Supreme Court of India while dismissing the civil appeals to the extent that “it would be open for the appellant to agitate the subsequent events before the concerned forum” cannot empower to the Tribunal to modify the order which was upheld by the Hon’ble Supreme Court of India. On the other hand, the observation “let the proceedings be concluded as far as possible within one year” amounts to a direction for proper compliance of the order dated 01.07.2005 passed in CP No. 4 of 2005. There are no merit in both these Appeals to interfere with the common order impugned dated 06.10.2021 passed by the National Company Law Tribunal, Chandigarh Bench, Chandigarh - impugned order is hereby affirmed - appeal dismissed.
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