# In the matter of Anindya Infratech Private Limited

> NCLT judgment dated 2024-06-03. Citation: TCN-2024-NCLT-01254. The case involves a Contempt Application No.03/2024 and IA No.280/2024 in CP (IB)…

- **Court:** NCLT
- **Order date:** 3 Jun 2024
- **Citation:** TCN-2024-NCLT-01254
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/anindya-infratech-private-limited-6a33a7ba

## Summary

### Background

The case involves a Contempt Application No.03/2024 and IA No.280/2024 in CP (IB) No.05/ALD/2020 before the National Company Law Tribunal, Allahabad Bench. The contempt application arose because a previous order dated 20th December 2023, directing the payment of Rs.3 lakh as RP fees by the Operational Creditor, was not complied with. The Operational Creditor subsequently handed over a cheque for Rs.2,70,000/- after deducting TDS, in compliance with the previous order.

## Facts

A previous order dated 20th December 2023 directed the Operational Creditor to pay Rs.3 lakh as RP fees. This order was not initially complied with, leading to the filing of Contempt Application No.03/2024. Subsequently, the Operational Creditor handed over a cheque for Rs.2,70,000/-, representing the RP fees after deducting TDS. The counsel representing the erstwhile RP accepted the cheque. IA No.280/2024 is also pending.

## Issues and analysis

### Issue 1: Whether the Contempt Application No.03/2024 should be dismissed given the subsequent compliance by …

**Ratio:** When a party complies with a previous order that was the basis for a contempt

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**Reasoning:** The court reasoned that since the Operational Creditor had now handed over a cheque in

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**Interpretation:** This reflects the principle that the purpose of contempt proceedings is to

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**Application:** The Operational Creditor's handing over of the cheque, and the RP's acceptance

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## Parties

- **Judges:** Praveen…; Ashish…
- **Respondents:** Sanghvi Movers…

## Timeline

- **2023-12-20 — Previous…**: Order directing the Operational…
- **2024-06-03 — Current…**: Contempt Application No.03/2024 dismissed as…

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