# In the matter of Soni  Infratech Pvt. Ltd. & Ors. (IB)-448(PB)-2018

> NCLT judgment dated 2020-01-13. Citation: TCN-2020-NCLT-02362. The case involves an application filed under Section 425 of the Companies Act, 2013, read with…

- **Court:** NCLT
- **Order date:** 13 Jan 2020
- **Citation:** TCN-2020-NCLT-02362
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/soni-infratech-pvt-ltd-ors-ib-448pb-2018-54ba5a26

## Summary

### Background

The case involves an application filed under Section 425 of the Companies Act, 2013, read with Sections 10 and 12 of the Contempt of Courts Act, 1971, against the Corporate Debtor, its Promoter, and Directors. The applicant sought action against the Corporate Debtor for willful disobedience of a previous order dated 2018-05-29. The applicant also sought directions to honor a settlement agreement dated 2018-05-25 and impose a penalty for non-compliance.

## Facts

Mr. K.K. Agarwal filed an application against M/s. Soni Infratech Pvt. Ltd. & Ors. under Section 7 of the Insolvency & Bankruptcy Code, 2016. The application, C.A. No. 2376(PB)/2019, was filed under Section 425 of the Companies Act, 2013, read with Sections 10 and 12 of the Contempt of Courts Act, 1971. The applicant sought action against the Corporate Debtor, including its Promoter (Mr. K.N. Shukla) and Directors (Mr. Praveen Kumar Shukla and Mr. Anurag Pandey), for willful disobedience of a previous order dated 2018-05-29. The applicant also sought directions to honor a settlement agreement dated 2018-05-25 and impose a penalty of Rs. 5,00,000/- for non-compliance. The Corporate Debtor allegedly failed to honor the settlement arrangement recorded by the NCLT

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## Issues and analysis

### Issue 1: Whether Section 425 of the Companies Act, 2013 is applicable to proceedings under the Insolvency …

**Ratio:** Section 425 of the Companies Act, 2013, which confers extraordinary power, is not

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**Reasoning:** The court reasoned that while the NCLT is authorized to act as an Adjudicating Authority

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**Interpretation:** The interpretation is that the jurisdiction of the NCLT under Section 425 of

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**Application:** The court applied this reasoning to the facts of the case, concluding that the

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## Parties

- **Judges:** B.S.V. Prakash…; SH. S. K.…
- **Appellants:** K. K. Ag…
- **Respondents:** M/s. Soni…

## Timeline

- **2018-05-25 — Settlement Agreement…**: Date of the Settlement…
- **2018-05-29 — Order Da…**: Date of the order allegedly…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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