# In the matter of Empee Distilleries Limited Cont.A-4-2020

> NCLT judgment dated 2022-06-20. Citation: TCN-2022-NCLT-02184. Khoday India Limited filed a contempt application against S. Rajendran, the Resolution…

- **Court:** NCLT
- **Order date:** 20 Jun 2022
- **Citation:** TCN-2022-NCLT-02184
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/empee-distilleries-limited-conta-4-2020-6419abdf

## Summary

### Background

Khoday India Limited filed a contempt application against S. Rajendran, the Resolution Professional of Empee Distilleries Limited, alleging disobedience of the Tribunal's order dated 2019-04-30 in MA/407/2019. The applicant claimed that the RP failed to consider their claim in accordance with the law, including the pending arbitration proceedings. The RP argued that after analyzing the documents, no amount was payable to the applicant, and instead, the applicant owed the corporate debtor an amount of Rs. 2.91 Crore.

## Facts

Khoday India Limited, an operational creditor of Empee Distilleries Limited, filed a contempt application against S. Rajendran, the Resolution Professional (RP) of Empee Distilleries Limited. In 2015, Khoday India Limited had invoked the dispute resolution clause for arbitration against Empee Distilleries Limited, and a sole arbitrator was appointed. During the pendency of the arbitration proceedings, CIRP was initiated against Empee Distilleries Limited. Khoday India Limited submitted a claim to the RP with a delay of 54 days, leading to the filing of MA/407/2019 for condonation of delay. The Tribunal had directed the RP to consider the application. Khoday India Limited alleged that the RP did not verify their claim, which was shown as 'under verification' on the

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## Issues and analysis

### Issue 1: Whether the Respondent, S. Rajendran, violated the Tribunal's order dated 2019-04-30 passed in …

**Ratio:** An order of the court must be strictly complied with, and any deviation from it can

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**Reasoning:** The Tribunal found that the Applicant failed to provide any document or evidence to show

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**Interpretation:** The Tribunal interpreted its previous order as requiring the RP to consider the

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**Application:** The Applicant's claim was rejected by the RP. The Tribunal found that the

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## Parties

- **Judges:** S. Ramath…; Anil Ku…
- **Appellants:** Khoday India…
- **Respondents:** Empee Distilleries…; S. RAJE…

## Timeline

- **2015-01-01 — Dispute Resolution…**: Khoday India Limited invoked the dispute resolution clause for initiation of Arbitration…
- **2019-03-25 — Claim Subm…**: The Applicant submitted the Claim to the…

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