Contempt Petition (IBC)/2/ KOB/2023 IN TIBA/34/KOB/2019 &

Contempt Petition (IBC)/3/KOB/2023 IN TIBA/34/KOB/2019 (Under Section 425 of the Companies Act, 2013 read with Section 12 of the Contempt of Courts Act,1971 & Rule 11 of NCLT Rules, 2016)

Date of Institution:05.10.2023 Order delivered on:18.02.2026 In the matter of:

M/S Axiomata Elevators Private Limited MEMO OF PARTIES:

Renahan Vamakesan Liquidator of Axiomata Elevators Pvt Ltd - - -

ΙΒΒΙ/ΙΡΑ 002/IP N00630/2018 Villa 23, Skyline Rosemount Homes, 2019/11897 Kunjan Bava Road, Ponnurunni, Vytila P.O, .

Ernakulam 682019 … Petitioner -Vs-

Anish Lawrence

35/1761 A, Vengenath House, Anish Nivas Palarivattom, Ernakulam – .

Janatha Road South, Palarivattom P.O, 682025 … Respondent No. 1 Contempt IBC)/0 /KOB/202 Contempt Petition (IBC)/0 /KOB/202 Shebin Sasthamparambil -

Sasthamparambil House, Chennur, Kothad P.O, Ernakulam, PIN 682027 … Respondent No. 2 Coram:

HON’BLE MEMBER (JUDICIAL) : SHRI. VINAY GOEL Appearances:

For Petitioner : , Advocate.

: , Advocate.

the Mr. Kevin Thomas For the Respondents Mr. Georgie Johny

O R D E R

two , 1. These Contempt Petitions Contempt Petition (IBC)/02/KOB/2023 and Contempt Petition (IBC)/3/KOB/2023 are filed under Section 425 of the Companies Act, 2013, read with Section 12 of the Contempt of Courts Axiomata Elevators Private Limited ’) Act, 1971 and Rule 11 of the NCLT Rules, 2016, by the Liquidator of (hereinafter ‘the Corporate Debtor against the Suspended Directors of the Corporate Debtor. Contempt ed Petition (IBC)/02/KOB/2023 and Contempt Petition (IBC)/3/KOB/2023 have been filed alleging wilful disobedience of the orders dat

23.06.2023 passed by this Tribunal in IA(IBC)/426/KOB/2022 and IA(IBC)/427/KOB/2022 in TIBA/34/KOB/2019. Since the legal and factual issues involved in both the Contempt Petitions are identical and the parties involved are the same, they were heard together and are being decided by this common order.

Contempt IBC)/0 /KOB/202 Contempt Petition (IBC)/0 /KOB/202 Brief facts of the case: -

2.

Resolution Process vide order dated This Adjudicating Authority had initiated the Corporate Insolvency . , against the Corporate Debtor , Petitioner was

26.11.2019 in TIBA/34/KOB/2022 Subsequently the Corporate Debtor was ordered into liquidation on 28.10.2022 and the

3. appointed as Liquidator.

Petitioner Upon examination of the books of accounts and bank statements of Corporate Debtor, the found that, between the commencement of CIRP on 26.11.2019 and 30.11.2019, the Respondents operated the Resolution Professional and transferred an amount of Rs. -

bank accounts without the knowledge or authorisation of the Interim Petitioner

7,07,559/ . The further alleged that the Respondents had engaged in fraudulent ness under an identical name to divert its transactions to siphon off funds, deplete the assets of the Corporate Debtor, and carry on busi operations. Accordingly, IA(IBC)/427/KOB/2022 and IA(IBC)/426/KOB/2022 in TIBA/34/KOB/2019 were filed seeking appropriate directions and reliefs.

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4. Vide orders dated 23.06.2023, this Adjudicating Authority directed the -

Respondents to repay Rs.7,07,559/ in IA(IBC)/427/KOB/2022 and Rs.1,20,81,752/ in IA(IBC)/426/KOB/2022 within one month, failing which interest at 12% per annum would accrue from the date of the Petitioner.

orders; however, the Respondents failed to comply with the said

5. directions despite notictee dd ated 28.06.2023 issued by the The Petitioner submit that the Respondents have deliberately and wilfully disobeyed the orders passed by this Adjudicating Authority,

thereby committing civil contempt under Section 2(b) of the Contempt of

1 Section 2 (b) : "civil contempt" means wilful disobedience to any judgment, decree, direction, order,

writ or other process of a court or wilful breach of an undertaking given to a court;

Contempt IBC)/0 /KOB/202 Contempt Petition (IBC)/0 /KOB/202 ted terms of Section

2 Courts Act, 1971. The Petitioner further submit that, in

3

425 of the Companies Act, 2013, this Tribunal ha