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

> NCLT judgment dated 2023-12-05. Citation: TCN-2023-NCLT-00437. 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-00437
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dhawal-pratap-singh-mohite-patil-agro-industries-limited-754a3266

## 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 IBC was admitted on February 20, 2020, initiating CIRP for Dhavalpratapsinh Mohitepatil Agro Industries Limited. An application for liquidation was approved on July 29, 2021, and a liquidator was appointed. The liquidator faced resistance from the suspended directors in taking possession of the corporate debtor's assets. An Interlocutory Application No.1189 of 2020 u/s 19 of the Code was preferred and directions were passed vide order dated 21.01.2021 to handover the possession of the Property. On January 30, 2021, the applicant was restrained by violent people/goons from taking possession of the plant premises. The applicant sought police assistance, but faced delays in obtaining approval. On February 8, 2021, the local police secured

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## Issues and analysis

### Issue 1: Whether the Tribunal should initiate contempt proceedings against the respondents for obstructing …

**Ratio:** The Tribunal has the power to initiate contempt

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**Reasoning:** The Tribunal considered that since the possession of the factory was obtained, even if it

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**Interpretation:** The Tribunal interpreted that initiating separate contempt proceedings would be

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**Application:** The Tribunal decided not to initiate separate contempt proceedings as the

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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…**: A petition filed under section 7 of the Insolvency & Bankruptcy Code, 2016 was admitted…
- **2021-01-21 — Tribunal…**: Tribunal passed an order directing the Respondent 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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