# In the matter of Samtex Desinz Private Limited Contempt Petition No- 07-ND-2023 in Company Petition No. (IB) – 908-ND-2020

> NCLT judgment dated 2023-05-09. Citation: TCN-2023-NCLT-03446. The case involves a Contempt Petition filed under Rule 11 & 34 of NCLT Rules, 2016, read with…

- **Court:** NCLT
- **Order date:** 9 May 2023
- **Citation:** TCN-2023-NCLT-03446
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/samtex-desinz-private-limited-contempt-petition-no-07-nd-2023-in-company-petitio-07d2bb7b

## Summary

### Background

The case involves a Contempt Petition filed under Rule 11 & 34 of NCLT Rules, 2016, read with Section 425 of the Companies Act, 2013, and Sections 10 and 12 of the Contempt of Court Act, 1971. The petition seeks to initiate contempt proceedings against the respondents. The petitioner alleges that the respondents committed fraud and forgery by filing a Section 7 petition based on forged documents. The Tribunal had reserved its order on the question of issuing notice in the present petition on 09.02.2023.

## Facts

Orator Marketing Private Limited initiated a corporate insolvency resolution process (CIRP) against Samtex Desinz Private Limited. The petitioner alleges that the respondents, including the Resolution Professional and the Director and Ex-Directors of Orator Marketing Private Limited, engaged in a criminal conspiracy by filing a Section 7 petition based on forged loan agreements and assignment deeds. The petitioner claims that the respondents misled the Tribunal by falsely claiming that the sale of factory premises mortgaged to Tata Capital Limited was a sale under the SARFESI Act, 2002. The petitioner also contends that the plant and machinery were sold at a much lower value than the book value, resulting in a significant loss of 118.25 lakh. The petitioner also points

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## Issues and analysis

### Issue 1: Whether the respondents are guilty of contempt of court for allegedly filing a Section 7 petition …

**Ratio:** Civil contempt is defined as willful disobedience to any judgment, decree, direction,

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**Reasoning:** The Tribunal observed that serious allegations of fraud and forgery were made by the

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**Interpretation:** The Contempt of Courts Act, 1971 defines civil and criminal contempt. The

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**Application:** The Tribunal determined that it could not conclusively determine the veracity

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## Parties

- **Judges:** BACHU VENKAT…; RAHUL BHA…
- **Appellants:** New India Colour…
- **Respondents:** Samtex Desinz…; Vimal K…
- **Advocates:** Manish R…; Rohit…

## Timeline

- **2018-01-20 — Loan Agreeme…**: Date of the loan agreement alleged to be forged,…
- **2018-09-01 — Assignment De…**: Date of the assignment…

## 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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