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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
N/A, N/A
Anil Kumar Ojha – Appellant
Versus
CS C Ramasubramaniam – Respondent
| Table of Content |
|---|
| 1. maintainability of contempt proceedings. (Para 1 , 2) |
| 2. jurisdiction of nclt regarding proceedings under cr.p.c. (Para 3 , 4 , 5) |
| 3. judicial powers of the tribunal. (Para 6 , 12 , 14) |
| 4. tribunal’s status as a civil court. (Para 9 , 10 , 13 , 18) |
| 5. final finding and remitting back to nclt. (Para 19) |
ORDER
(Hybrid Mode)
24.04.2024:
1. Very short issue which is involved consideration, herein before this Tribunal, is regards maintainability of proceedings as drawn under Section 340 of Cr.P.C., before the learned Adjudicating Authority. The Appellant herein being aggrieved against the rejection of IA/1126/2023, had preferred this Company Appeal. By virtue of the Impugned Order dated 24.07.2023, as a consequence of the impugned decision rendered by the learned Adjudicating Authority, on the aforesaid Interlocutory Application, on 24th July 2023, the National Company Law Tribunal, has taken a view that IA as preferred by the Appellant under Section 340 (1) Cr. P. C. before it, would not be sustainable before the Tribunal by drawing an opinion, that the Tribunal since being a Special Court, as per the Provisions contained under Section 236(1) of Insolvency and Bankruptcy
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