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2024 Supreme(Guj) 13

BIREN VAISHNAV, NISHA M. THAKORE
Gujarat Operational Creditors Association Thro. Kamlesh Luhar – Appellant
Versus
Lakshmi Niwas Mittal – Respondent


Advocates Appeared:
For the Applicant : Mr. Deepak Khosla, Ld. Adv. for Mr. Jaydeep M. Shukla.
For the Respondent: Mr. Mihir Thakore, Sr. Adv. with Mr. Mihir Joshi, Sr. Adv. with Mr. Keyur Gandhi, Adv. with Mr. Aalay Shah, Adv. for Gandhi Law Associates.

ORDER :

(Biren Vaishnav, J.)

1. The present Criminal Misc. Application (for contempt) has been filed by Gujarat Operational Creditors Association under Section 15 of the Contempt of Court’s Act read with Article 215 of the Constitution of India for the following prayers:

    “1. Exercising suo motu power under Section 15 of the Contempt of Courts Act (1971) read with Article 215 of the Constitution of India, commit the named offenders to criminal trial for criminal contempt of Court, try, convict and sentence them to prison, with consecutive sentences being passed for each incident of ‘criminal contempt of court’ complained of.

2. Make, in exercise of power under Section 357(3) of the CrPC, an order for grant of compensation to the Petitioners’ group for the costs, expenses, mental harassment, and injury suffered by them, with be not less than Rs. 10 crores.”

2. It is the case of the applicant as factually submitted by Mr.Deepak Khosla learned advocate for the applicant that in the facts of the present case, the respondents have obtained the order from the NCLT on 08.03.2019 by fraud. Factually, it is the case of the applicant that ESSAR Steel India Ltd. (‘ESIL’ for short) was placed int

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