# In the matter of Dhawal Pratap Singh Mohite Patil Agro
Industries Limited

> NCLT judgment dated 2023-12-05. Citation: TCN-2023-NCLT-00432. This case involves IA 1835/2022 filed by the liquidator of Dhavalpratapsinh Mohitepatil Agro…

- **Court:** NCLT
- **Order date:** 5 Dec 2023
- **Citation:** TCN-2023-NCLT-00432
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dhawal-pratap-singh-mohite-patil-agro-industries-limited-64ae2bfd

## Summary

### Background

This case involves IA 1835/2022 filed by the liquidator of Dhavalpratapsinh Mohitepatil Agro Industries Limited, seeking initiation of contempt proceedings against the suspended directors for obstructing the liquidation process. The corporate insolvency resolution process (CIRP) was initiated based on a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC), which was admitted on February 20, 2020. Subsequently, an application for liquidation was approved on July 29, 2021, and the applicant was appointed as the liquidator.

## Facts

A petition under Section 7 of the Insolvency & Bankruptcy Code, 2016, was admitted on February 20, 2020, initiating the Corporate Insolvency Resolution Process (CIRP) for Dhavalpratapsinh Mohitepatil Agro Industries Limited. Subsequently, an application for liquidation was approved on July 29, 2021, and Mr. Dharit Kishorbhai Shah was appointed as the liquidator. The liquidator filed IA 1835/2022 seeking contempt proceedings against the suspended directors for obstructing the liquidation process. The liquidator faced resistance and unlawful restraint when attempting to take possession of the plant premises on January 30, 2021, despite a prior order dated January 21, 2021, directing the handover of possession. The liquidator filed multiple complaints with the police,

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## Issues and analysis

### Issue 1: Whether the conduct of the respondents warrants initiation of contempt proceedings for obstructing …

**Ratio:** Contempt proceedings are generally initiated to uphold the dignity and authority of the

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**Reasoning:** The Tribunal considered that the possession of the factory had already been obtained,

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**Interpretation:** The interpretation of the law suggests that contempt proceedings are not

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**Application:** In this case, since the possession of the factory was obtained, the Tribunal

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## Parties

- **Judges:** Prabhat…; V.G. B…
- **Appellants:** Dharit Kishorbhai…
- **Respondents:** Dhawal Pratap…; Dhawalsinh Mohite…

## Timeline

- **2020-02-20 — Admission of Section 7…**: The Tribunal admitted the petition filed under Section 7 of the Insolvency & Bankruptcy…
- **2021-01-21 — Tribunal Order for…**: The Tribunal passed an order directing the respondents to handover the possession of the…

## 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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