# In the matter of State Vs. Manoj K. Daga & Deepak K. Daga CA (AT) (Ins.) No. 1113 of 2019

> NCLAT judgment dated 2021-07-12. Citation: TCN-2021-NCLAT-00193. The Contempt Case (AT) No. 24 of 2020 arises out of Company Appeal (AT) (Insolvency) No. 1113…

- **Court:** NCLAT
- **Order date:** 12 Jul 2021
- **Citation:** TCN-2021-NCLAT-00193
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-vs-manoj-k-daga-deepak-k-daga-ca-cfcb6370

## Summary

### Background

The Contempt Case (AT) No. 24 of 2020 arises out of Company Appeal (AT) (Insolvency) No. 1113 of 2019, which was disposed of on March 12, 2020. An Interlocutory Application No. 1285 of 2021 was filed by the Counsel for the Resolution Professional, stating that the matter has been settled before the Adjudicating Authority (National Company Law Tribunal, Cuttack Bench, Cuttack) and an order has been passed in IA No. 292/CB/2020.

## Facts

The Contempt Case (AT) No. 24 of 2020 originated from Company Appeal (AT) (Insolvency) No. 1113 of 2019, which had been previously disposed of. An Interlocutory Application (IA No. 1285 of 2021) was filed, indicating that the matter had been settled before the Adjudicating Authority (NCLT, Cuttack Bench). The Resolution Professional's counsel stated that the Contemnors had purged the contempt. The Original Appellants-Contemnors claimed they did not intend to violate the Tribunal's orders, had paid more than required, settled with all parties, and offered an unconditional apology. The Tribunal recalled the notice dated August 31, 2020, and disposed of the contempt case. The Resolution Professional and his advocate were commended for their positive approach in resolving

…

## Issues and analysis

### Issue 1: Whether the Contempt Case (AT) No. 24 of 2020 should be disposed of given the settlement before the …

**Ratio:** A contempt case can be disposed of if the contemnor has purged the contempt and the

…

**Reasoning:** The Learned Counsel for the Resolution Professional submitted that the Contemnors have

…

**Interpretation:** This legal issue involves interpreting whether the actions taken by the

…

**Application:** The Tribunal applied the principle that a contempt case can be disposed of if

…

## Parties

- **Judges:** A.I.S. C…; Alok Sriv…
- **Appellants:** Stat…
- **Respondents:** Manoj K.…
- **Advocates:** Sandeep…; Shash…; +3 more

## Timeline

- **2019-01-01 — Company Appea…**: Company Appeal (AT) (Insolvency)…
- **2020-03-12 — Appeal Di…**: Company Appeal (AT) (Insolvency)…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/state-vs-manoj-k-daga-deepak-k-daga-ca-cfcb6370