# In the matter of IDBI Bank Limited vs. Manoj Kumar & Ors.

> NCLAT judgment dated 2025-04-28. Citation: TCN-2025-NCLAT-00078. Contempt Case No. 5/2024 was initiated in Company Appeal (AT) (Ins) No. 211/2024. The…

- **Court:** NCLAT
- **Order date:** 28 Apr 2025
- **Citation:** TCN-2025-NCLAT-00078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/idbi-bank-limited-vs-manoj-kumar-ors-86d53f27

## Summary

### Background

Contempt Case No. 5/2024 was initiated in Company Appeal (AT) (Ins) No. 211/2024. The appellant contended that the respondents should be summoned for allegedly disobeying the order dated 24.06.2024, passed by the Appellate Tribunal, which stayed the effect of paragraphs 37 and 38 of an order by the NCLT. The applicant alleged that the respondents breached the order by serving legal notices for implementing an acquisition plan, which amounted to deliberate and intentional contempt.

## Facts

IDBI Bank Limited, representing the secured financial creditors of LANCO Infratech Limited, filed a Contempt Case No. 5/2024 in Company Appeal (AT) (Ins) No. 211/2024, alleging that P. Manoj Kumar, Balneedi Uma Mahesh, Mukkamala Nagarjuna, Krishna Praveen Kota, and KRS Erectors Pvt. Limited (the respondents) disobeyed the Appellate Tribunal's order dated 24.06.2024. This order had stayed the effect of paragraphs 37 and 38 of an order passed by the NCLT. The applicant contended that the respondents breached the order by serving legal notices for implementing an acquisition plan. The respondents denied the allegations, and the issue of board reconstitution was pending before the Apex Court. The key fact is whether the respondents' actions constituted a deliberate and

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## Issues and analysis

### Issue 1: Whether the Respondents' actions constitute a deliberate and intentional contempt of the Appellate …

**Ratio:** For an act to be considered contempt, there must be a final determination of a

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**Reasoning:** The court reasoned that the applicant had not made out a case that the respondent engaged

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**Interpretation:** The legal principle emphasizes the need for a clear violation of a final order

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**Application:** In this case, the court applied the ratio by finding that the applicant had not

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** IDBI Bank L…
- **Respondents:** Lanco Infratech…; P. MANOJ…

## Timeline

- **2024-06-24 — Appellate Tribu…**: The Appellate Tribunal passed an order in Company Appeal (AT) (CH) (Ins) No. 211/2024,…
- **2024-05-28 — Impugned…**: The impugned order was passed in IA No.…

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