# In the matter of Patel Oils & Chemicals Pvt. Ltd.

> NCLT judgment dated 2025-01-24. Citation: TCN-2025-NCLT-00578. The case pertains to Contempt Application No. 6 of 2017 arising from TP No. 115 of 2016 in CA…

- **Court:** NCLT
- **Order date:** 24 Jan 2025
- **Citation:** TCN-2025-NCLT-00578
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/patel-oils-chemicals-pvt-ltd-64c13c92

## Summary

### Background

The case pertains to Contempt Application No. 6 of 2017 arising from TP No. 115 of 2016 in CA No. 90/634A/2015. The Respondent No. 2/Contemnor, Jitendra Mukundrai Patel, was previously held guilty of contempt of court for disobeying the Tribunal's directions issued under Section 425 of the Companies Act, 2013, read with Section 12 of the Contempt of Courts Act, 1971. The matter was brought before the court to determine the appropriate sentence or punishment.

## Facts

The case involves Kumar Jivanlal Patel (Makadia) as the applicant and Patel Oils & Chemicals Pvt Ltd & Ors as the respondents. The central issue revolves around the contempt of court by Respondent No. 2, Jitendra Mukundrai Patel, who was found guilty of disobeying the Tribunal's directions under Section 425 of the Companies Act, 2013. An earlier order dated 20.01.2017 established the contempt. The Registry confirmed service of the order dated 17.01.2025 to the Respondent No. 2/Contemnor. The Respondent No. 2/Contemnor has a history of non-compliance. The Respondent No.2/ Contemnor has acted/sold the assets in bona-fide to discharge the liabilities of Respondent Company.

## Issues and analysis

### Issue 1: Whether the Respondent No. 2/Contemnor, Jitendra Mukundrai Patel, is guilty of contempt of court …

**Ratio:** Section 12 of the Contempt of Courts Act, 1971, empowers the Tribunal to punish a

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**Reasoning:** The Tribunal considered the Respondent's history of non-compliance, repeated disregard

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**Interpretation:** The interpretation of Section 12 of the Contempt of Courts Act, 1971, allows

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**Application:** The Tribunal applied Section 12 to the facts of the case, considering the

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## Parties

- **Judges:** SHAMMI…; SAMEER…
- **Appellants:** Kumar Jivanlal…
- **Respondents:** Patel Oils &…

## Timeline

- **2017-01-20 — Contempt…**: Respondent No.2/Contemnor - Jitendra Mukundrai Patel, was held guilty of contempt of…
- **2025-01-17 — Previous Ord…**: Previous order date…

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