Back
NATIONAL COMPANY LAW TRIBUNAL
Vinay Goel, Member (Judicial)
State Bank of India – Appellant
Versus
Tenny Jose and 4 others – Respondent
| Table of Content |
|---|
| 1. jurisdiction under section 425 for contempt. (Para 1 , 2) |
| 2. defense against contempt citing financial incapacity. (Para 3 , 4) |
| 3. court's authority to maintain order. (Para 5 , 6) |
| 4. determination of the case outcome. (Para 8 , 12) |
O R D E R
1. This Contempt Petition is filed under Section 425 of the Companies Act, 2013 , read with Sections 11 and 12 of the Contempt of Courts Act, 1971 , and Rule 11 of the NCLT Rules, 2016, by the Financial Creditor, State Bank of India, against the suspended directors of the Corporate Debtor Company, M/s Tenny Jose Limited (hereinafter referred to as “the Corporate Debtor”), for their alleged wilful and deliberate violation of the order dated 25.01.2023 passed by this Adjudicating Authority in IA(IBC)/206/KOB/2022.
Brief facts of the case: -
2. It is submitted that this Adjudicating Authority vide order dated 21.12.2021 in CP(IBC)/25/KOB/2021 admitted the Corporate Debtor, Tenny Jose Limited, into CIRP and subsequently ordered liquidation on 16.12.2022. During the CIRP, the Resolution Professional identified certain preferential transactions and filed IA(IBC)/206/KOB/2022 under Sections 43 and 44 of the Insolvency and Bankruptcy C
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
