# In the matter of Nesa India Producer Company Limited Contempt Application No. 2-2021 in Company Petition (IB) No. 2863-ND-2019

> NCLT judgment dated 2022-01-25. Citation: TCN-2022-NCLT-04374. The case involves a contempt application filed against the respondent, Sunil Kumar, for…

- **Court:** NCLT
- **Order date:** 25 Jan 2022
- **Citation:** TCN-2022-NCLT-04374
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/nesa-india-producer-company-limited-contempt-application-no-2-2021-in-company-pe-67ff2b1d

## Summary

### Background

The case involves a contempt application filed against the respondent, Sunil Kumar, for allegedly disobeying an order dated 25.11.2019 issued by the National Company Law Tribunal (NCLT). The order directed the respondent to deposit Rs. 2 lakhs as the initial cost of the Corporate Insolvency Resolution Process (CIRP). The CIRP was initiated based on a petition filed by Sunil Kumar under Section 9 of the Code against Nesa India Producer Company Limited. Sudhanshu Gupta was appointed as the Interim Resolution Professional (IRP).

## Facts

Sunil Kumar, an operational creditor, filed a petition under Section 9 of the Code against Nesa India Producer Company Limited, leading to the initiation of CIRP. Sudhanshu Gupta was appointed as the IRP. The NCLT ordered Sunil Kumar to deposit Rs. 2 lakhs to cover the initial CIRP costs. The IRP made a public announcement as per IBBI regulations and requested claims. No claims were received, and the IRP faced difficulties in obtaining necessary documents and information from the corporate debtor. Sunil Kumar did not deposit the ordered amount, citing financial difficulties. The IRP contacted Sunil Kumar's counsel regarding the deposit. The NCLT found that Sunil Kumar had not provided a valid reason for not complying with the order.

## Issues and analysis

### Issue 1: Whether the Respondent/Contemnor, Mr. Sunil Kumar, is guilty of disobeying the directions of the …

**Ratio:** The Tribunal and the Appellate Tribunal have the same jurisdiction, powers, and authority

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**Reasoning:** The NCLT reasoned that Sunil Kumar was directed to deposit Rs. 2 lakhs to meet the

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**Interpretation:** Section 425 of the Companies Act, 2013, grants the Tribunal the same powers as

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**Application:** The NCLT applied the principle that disobedience of a direct order constitutes

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; AVINASH K.…
- **Appellants:** SUNIL K…
- **Respondents:** Nesa India…

## Timeline

- **2019-11-18 — Original…**: The Adjudicating Authority directed the Operational Creditor to deposit Rs. 2 lakhs to…
- **2019-11-25 — Tribunal…**: Tribunal directed the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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