# In the matter of Pankaj Dhanuka vs. Lanco Kondapalli Power Limited & Ors.

> NCLAT judgment dated 2024-12-20. Citation: TCN-2024-NCLAT-00007. The case involves an appeal against the dismissal of a contempt petition. The appellant…

- **Court:** NCLAT
- **Order date:** 20 Dec 2024
- **Citation:** TCN-2024-NCLAT-00007
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/pankaj-dhanuka-vs-lanco-kondapalli-power-limited-ors-e14e8d1a

## Summary

### Background

The case involves an appeal against the dismissal of a contempt petition. The appellant initiated contempt proceedings against the respondent for alleged non-compliance with a prior judgment. The Adjudicating Authority dismissed the contempt petition, stating that no apparent contempt was made out. The appellant argues that the dismissal is appealable under Section 61 of the I&B Code, read with Section 19 of the Contempt of Courts Act, 1971.

## Facts

Mr. Pankaj Dhanuka, the liquidator of Lanco Kondapalli Power Limited, filed a contempt petition alleging non-compliance with an order dated 02.08.2023. The alleged contemnor was MCM Pacific Pte Limited. The Adjudicating Authority dismissed the contempt petition. The order in question pertained to the payment of rent for the use and occupation of land on which goods were lying, which had been sold to a third party by the liquidator. The Successful Auction Purchaser was to negotiate with the land owners and purchasers, with the liquidator's assistance.

## Issues and analysis

### Issue 1: Whether an appeal is maintainable against the dismissal of a contempt petition under Section 61 of …

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

…

**Reasoning:** The Tribunal reasoned that Section 19 of the Contempt of Courts Act, 1971, explicitly

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**Interpretation:** Section 19 of the Contempt of Courts Act, 1971, is interpreted narrowly to

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**Application:** In this case, the Adjudicating Authority dismissed the contempt petition,

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## Parties

- **Judges:** Sharad Kumar…; Indevar P…
- **Appellants:** Pankaj Dh…
- **Respondents:** Lanco Kondapalli…

## Timeline

- **2023-08-02 — Order Da…**: Order was passed in IA No.1221/2023,…
- **2024-10-04 — Impugned Ord…**: Date of the `Impugned Order' in Cont. A(IBC)/02/2024 in CP (IB) No.678/7/HDB/2018, passed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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