# In the matter of Srinivas Kalluri and Anr. vs. Birendra Kumar Agarwal and Ors.

> NCLAT judgment dated 2025-10-15. Citation: TCN-2025-NCLAT-00551. The case involves two Company Appeals against an order dismissing Contempt Petitions. The…

- **Court:** NCLAT
- **Order date:** 15 Oct 2025
- **Citation:** TCN-2025-NCLAT-00551
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-chennai/srinivas-kalluri-and-anr-vs-birendra-kumar-agarwal-and-ors-61dc6359

## Summary

### Background

The case involves two Company Appeals against an order dismissing Contempt Petitions. The Appellants claimed that the Respondents violated orders to include liabilities of the Corporate Debtor in the Information Memorandum. The original orders stemmed from IAs related to the Corporate Debtor's CIRP.

## Facts

The Appellants claimed to have purchased units of immovable property from the Corporate Debtor under an agreement for sale.

The Sale Deed could not be executed due to a dispute between the Telangana State Housing Board and the Corporate Debtor.

The Appellants alleged that the Resolution Professional (Respondent No. 1) did not incorporate details of the units in the Information Memorandum.

The NCLT directed the Resolution Professional to include the liabilities of the Corporate Debtor towards the original buyer and Applicant in the Information Memorandum.

The Tribunal observed that the Respondent expressed liabilities in the Trial Balance Report of the Corporate Debtor under the head 'Advances from Customers'.

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## Issues and analysis

### Issue 1: Whether an appeal is maintainable against the dismissal of a contempt petition under Section 19 of …

**Ratio:** An appeal under Section 19 of the Contempt of Courts Act, 1971, lies only against an

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**Reasoning:** Section 19 of the Contempt of Courts Act, 1971, specifically provides for an appeal

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**Interpretation:** The Tribunal interpreted Section 19 of the Contempt of Courts Act, 1971,

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**Application:** The Tribunal applied this interpretation to the present case, noting that the

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Srinivas K…; Rajani Ka…; +1 more
- **Respondents:** M/s. Manjeera…; Birendra Kumar…; +2 more
- **Advocates:** Arun C.…

## Timeline

- **2025-03-26 — Impugned Ord…**: Date of the impugned order…
- **2024-06-11 — Original Ord…**: Date of the original order…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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