TMI Blog2019 (7) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Contempt of Court Act, 1971 is applicable subject to modification as shown therein - As per Contempt of Court Act, 1971, the appeal lies under Section 19. In the present case, as we find that the Tribunal, after taking into consideration the relevant facts, has come to a definite conclusion and refused to initiate contempt proceedings, we are not deciding the issue aforesaid on merit as we do not want to interfere. Appeal dismissed. - Company Appeal (AT) No. 117 of 2019 - - - Dated:- 15-5-2019 - Mr S.J. Mukhopadhaya, Chairperson, Mr A.I.S. Cheema, Member (Judicial) And Mr Kanthi Narahari, Member (Technical) For The Appellant : Ms. Shweta Bharti, Mr. J.K. Chaudhary, Mr. Avinash Singh and Ms. Katyan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endered by this Bench. 13. However, in the present case, there was no proof whatsoever that contemnors had ever been communicated with the aforesaid status quo order--- much lees--- their producing some evidence showing that the condemners, having been posted with the status quo order, requiring them to maintain status/quo in respect of the assets, shareholdings and composition of the Bard of Goel Entrade Private Limited, violated the same. In the face of such revelations, there cannot be any escape from the conclusion that allegation made against the contemnors remains far from being established. 2. The present appeal has been preferred by the Appellant under Section 421 of the Companies Act, 2013 on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purpose power under the provisions of the Contempt of Court Act, 1971 is applicable subject to modification as shown therein. 6. As per Contempt of Court Act, 1971, the appeal lies under Section 19. 7. In the circumstances, the question arises for consideration is whether the appeal under section 421 is maintainable or not. 8. The other question is that if the Tribunal rejected the application for initiation of contempt proceedings under section 425 of the Companies Act, 2013, the person who alleged violation of the order if he is entitled to file the appeal under Section 421 of the Companies Act, penal order of punishment having not been passed. 9. In the present case, as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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