Civil contempt requires strict proof of knowledge and wilful disobedience of clear order; benefit of doubt where not established.

ORDER

1. These Contempt Petitions, namely Contempt Petition (C/ACT)/04/KOB/2024 and Contempt Petition (C/ACT)/05/KOB/2024, are filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Section 425 of the Companies Act, 2013 and Rule 11 of the NCLT Rules, 2016, arising out of MA (C/ACT)/13/KOB/2024 in CP (C/ACT)/21/KOB/2020, alleging wilful and deliberate disobedience of the order dated 07.10.2024 passed by this Tribunal. Contempt Petition (C/ACT)/04/KOB/2024 has been filed by Jatayupara Tourism Private Limited, the applicant in the Miscellaneous Application against Respondents 1 to 7 herein, who include parties to the Company Petition as well as third parties, including Dhanlaxmi Bank and its officials. Contempt Petition (C/ACT)/05/KOB/2024 has been filed by the Petitioners therein, who are shareholders and stakeholders connected with CP (C/ACT)/21/KOB/2020, against Respondents 1 to 4 for contumacious violation of the very same order. Since the legal and factual issues involved in both the Contempt Petitions are identical and arise out of the alleged violation of the same order of this Tribunal, they were heard together and are being decided by this common order.

BRIEF OF THE CASE

2. CP(C/ACT)/21/KOB/2020 was filed alleging oppression and mismanagement in the affairs of Jatayupara Tourism Private Limited in relation to the implementation and operation of the Jatayu Earth’s Centre Project, a Build–Operate–Transfer tourism project of the Government of Kerala. During the pendency of the Company Petition, this Tribunal, on being prima facie satisfied of serious financial irregularities, appointed an Independent Chartered Accountant and subsequently an Administrator to oversee the affairs of the Project and passed various interim orders directing maintenance of the status quo with respect to the assets and revenues of the Project.

3. It is the case of the Petitioners that pursuant to the unilateral termination of the Bipartite Agreement by Guruchandrika Builders and Property Private Limited and its officers, an amount of approximately Rs. 35,83,876.43/- was deposited in Current Account No. 007805300010880 maintained with Dhanlaxmi Bank, Chadayamangalam Branch. The Petitioners contend that the said amount was generated using the assets of Jatayupara Tourism Private Limited and was subject to the supervisory jurisdiction of this Tribunal.

4. Apprehending illegal withdrawal and diversion of the said funds, MA (C/ACT)/13/KOB/2024 was filed before this Tribunal seeking, inter alia, directions restraining operation of the said bank account. After hearing all parties, this Tribunal, by order dated 07.10.2024, specifically directed that the amount of Rs. 35,83,876.43/- lying in the aforesaid account shall not be touched and ordered maintenance of status quo until final disposal of the Miscellaneous Application. The said order was pronounced in open court in the presence of counsel for the concerned parties, including the account holder and the bank.

5. The grievance in Contempt Petition (C/ACT)/04/KOB/2024 is that, despite knowing the order dated 07.10.2024, Dhanlaxmi Bank and its officials, in alleged collusion with Guruchandrika Builders and its directors, lifted the freeze and permitted withdrawal of the entire amount from the said account, thereby wilfully and deliberately violating the express directions of this Tribunal.

6. In Contempt Petition (C/ACT)/05/KOB/2024, the Petitioners, who are shareholders and stakeholders in the Compa