The Tribunal dismissed the contempt petition as the liquidator did not violate the court's order regarding auction procedures.

ORDER

Per Bidisha Banerjee, Member (Judicial):

1. The Court convened through hybrid mode.

2. Ld. Sr. Counsels / Counsels for the parties were heard at length.

Cont. A (IBC) No. 4(KB)2026

3. This Contempt Petition numbered Cont. A (IBC) No. 4(KB)2026 seeking initiation of contempt proceedings against Mr. Bijay Murmuria the Liquidator of the Corporate Debtor Amrit Hatcheries Private Limited, primarily aims at grant of the following reliefs:

3.1. A Rule be issued calling upon the contemnor/respondent/as to why the contemnor / respondent / liquidator should not be punished for contempt or otherwise dealt with by this Tribunal for intentionally, deliberately and wilfully committing, inter-alia, the following acts of contempt:-

3.2. In spite of full knowledge of the order dated July 3, 2024 passed by the Hon'ble National Company Law Tribunal, Kolkata Bench-1 whereby the Hon'ble Adjudicating Authority had directed to let the auction to be held on the scheduled date, i..e July 4, 2024, but the same shall not be finalised till the matter is heard out, but however, from the supplementary affidavit of the contemnor/respondent affirmed on October 13, 2025 it will appear that the contemnor/respondent has wrongfully and illegally proceeded to issue further e-auction sale notices and thereafter successfully e-auctioned the plants, machineries as well as the building and structure, which will appear from said affidavit of the contemnor/respondent;

3.3. The contemnor/respondent has shown scant regard to comply with the directions contained in the order dated July 3, 2024 passed by the Hon'ble National Adjudicating Authority and the said contemnor has deliberately circumvented the order dated July 3, 2024 by relying upon a purported opinion obtained at the instance of the contemnor and fresh e-auction sale notices were published dated February 3, 2025 and June 25, 2025;

3.4. The contemnor/respondent despite being aware of the order dated July 3, 2024 whereby the respondent/contemnor/liquidator was directed not to finalise the auction till the matter is heard out has thereafter deliberately proceeded in violation of the said order to publish new/fresh e-auction notices dated 3.2.25 and 25.6.25 and then further proceeded to finalise the sale in favour of the successful bidder namely, Anmol Feeds Private Limited in respect of Lot-1 of the e-auction sale notice dated February 3, 2025 to whom letter of Intent was issued on March 10, 2025, which includes plant and machinery and vehicles located at Mouza Raghunathpur, which is also mentioned in Lot-1 of the impugned e-auction sale notice dated June 4, 2024;

3.5. The contemnor/respondent despite being aware of the order dated July 3, 2024 has thereafter further proceeded to issue another e-auction sale notice dated June 25, 2025 wherein the assets described in Lot-2 of the e-auction sale notice dated June 25, 2025 is similar to the description of assets as mentioned in Lot-1 of the impugned e-auction sale notice dated June 4, 2024 and in respect of the assets described in Lot-2 of the e-auction sale notice dated June 25, 2025, the said Anmol Feeds. Private Limited was declared as the successful bidder to whom the letter of intent was issued on June 26, 2025;

3.6. The respondent/contemnor has acted wilfully, deliberately and in contumacious disobedience of the order dated July 3, 2024 by proceeding thereafter to accept the total sale consideration for the sale confirmed in favour of Anmol Feeds Private Limited in respect of Lot-I of e-auction sale notice dated February 3, 2025 being a sum of Rs. 4.86 crore and further a sum of Rs.0.073 crore from Anmol Feeds Private Limited in respect of the assets described in Lot-2 in the e-auction sale notice date