# In the matter of Sree Bhadra Parks and Resorts Limited Contempt Petition No.01-KOB-2021 in IBA-13-KOB-2020

> NCLT judgment dated 2021-03-30. Citation: TCN-2021-NCLT-02539. The Contempt Petition No.01/KOB/2021 was filed by the Applicant/Financial Creditor in…

- **Court:** NCLT
- **Order date:** 30 Mar 2021
- **Citation:** TCN-2021-NCLT-02539
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sree-bhadra-parks-and-resorts-limited-contempt-petition-no01-kob-2021-in-iba-13-13e34c08

## Summary

### Background

The Contempt Petition No.01/KOB/2021 was filed by the Applicant/Financial Creditor in IBA/13/KOB/2020 against Respondents/Corporate Debtor Mr. Brahmadathan Poomully Mana and others, alleging contempt of the order dated 2020-09-24 of the Tribunal.

## Facts

M/s Sri Ramani Resorts and Hotels Pvt. Ltd., the Applicant/Financial Creditor, filed a Contempt Petition No.01/KOB/2021 in IBA/13/KOB/2020 against Mr. Brahmadathan Poomully Mana and others, who are the Respondents/Corporate Debtors, alleging contempt of the Tribunal's order dated 2020-09-24. The Tribunal heard both sides, restored IBA/13/KOB/2020 to file after allowing IA No.2/KOB/2021, and subsequently admitted IBA/13/KOB/2020, ordering CIRP. As a result, the contempt petition was dismissed as infructuous.

## Issues and analysis

### Issue 1: Whether the Contempt Petition No.01/KOB/2021 should be dismissed as infructuous given the …

**Ratio:** A contempt petition becomes infructuous when the underlying cause of action or the order

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**Reasoning:** The Tribunal reasoned that since the IBA/13/KOB/2020 was restored to file and

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**Interpretation:** The interpretation is that if the actions sought through the original order (in

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**Application:** In this case, the restoration and admission of IBA/13/KOB/2020 and the

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## Parties

- **Judges:** Ashok Kumar…
- **Appellants:** M/s Sri Ramani…
- **Respondents:** Brahmadathan…

## Timeline

- **2020-09-24 — Order Da…**: Date of the order which…
- **2021-01-28 — IA No.2/KOB/202…**: The Tribunal allowed IA No.2/KOB/2021…

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