The has held Nirav Anupam Tarkas, the former of Euro Ceramics Limited, guilty of for his persistent failure to refund excess fees withdrawn from the ’s liquidation account. In a decisive order, the tribunal directed the former to deposit ₹72,51,530, along with applicable GST and interest, into the company’s account. The bench, comprising Shri Prabhat Kumar (Member Technical) and Shri Sushil Mahadeorao Kochey (Member Judicial), stipulated that failure to purge this within 30 days would result in a sentence of one week of in .
The current , Mr. Premraj Ramratan Laddha, had moved the tribunal under , read with , alleging of a prior tribunal order dated . That initial directive, which was subsequently affirmed by the and reached finality after a failed challenge in the , mandated that Mr. Tarkas return the unauthorized fee withdrawals. Despite the legal finality of these proceedings, the respondent remained non-compliant, prompting the current petition.
Challenging the Authority of Judicial Orders
In his defense, Mr. Tarkas argued that the proceedings were improperly framed as . He contended that the alleged non-compliance amounted merely to a failure of execution, which should be addressed through standard recovery proceedings rather than the stringent machinery of . Furthermore, he claimed that the amount sought by the applicant included GST components which had already been offset against the ’s own tax liabilities, suggesting the applicant had suppressed material facts.
The tribunal dismissed these contentions, emphasizing that the finality of the ’s dismissal of the appeal rendered any dispute regarding the quantum or nature of the amount entirely meritless in the context of a proceeding. The bench observed that the , while acting in a for the , had engaged in unilateral withdrawals that defied the established legal framework. Even if the respondent believed his actions were justifiable, the tribunal found that the failure to refund the amount upon being directed by the court constituted an affront to the .
The tribunal underscored the significance of maintaining the sanctity of judicial directions. In its observation, the bench noted: “The contemptuous act complained of must be such that would result in obstruction of justice, adversely affect the and impact the dignity of the courts of law.” By failing to abide by a clear, binding order, the respondent’s conduct was categorized as a deliberate defiance that necessitated intervention to preserve public confidence in the judicial process.
Jurisprudential Basis for Actions
The NCLT’s reliance on , establishes that it exercises the same jurisdiction as a regarding its own matters. This includes the power to punish for of any order, decree, or process. The bench looked to the precedent set by the in , which highlights the dual objective of the jurisdiction: punishing the offender and ensuring the majesty of the law remains unimpaired.
The tribunal further cited the principle established in , stating that the: “ jurisdiction conferred on to the law courts power to punish an offender not only for his but also for or obstruction to the .”
By failing to refund the money after the dismissed his appeal in , the respondent demonstrated a pattern of behavior that the tribunal viewed as inherently contumacious. The court rejected the argument that the dispute over the GST component provided a valid excuse for the delay. The bench clarified that even if were applicable, only the proportionate GST could have been deducted, and certainly not the entirety of the disputed sum. Regardless of technical accounting nuances, the tribunal concluded that the respondent’s failure to act promptly after the initial order was issued pointed toward a conscious disregard for the tribunal's authority.
Enforcing Accountability in Liquidation
The current order serves as a stern reminder to insolvency professionals that their status as officers of the court does not insulate them from rigorous oversight. By imposing a sentence of imprisonment—should the not be purged—the NCLT has reinforced that the liquidation process must be characterized by transparency and strict adherence to judicial oversight.
Beyond the finding, the tribunal granted liberty to the current to pursue formal execution proceedings if the respondent fails to comply within the specified 30-day window. The respondent is required to surrender before the tribunal within two days of the order’s communication, failing which a warrant of arrest will be issued. Furthermore, the applicant has been directed to deposit the necessary with the jail authorities should incarceration become necessary.
This matter is set for further review and compliance reporting on . The case underscores a growing trend within the insolvency regime where tribunals are increasingly inclined to utilize their powers to penalize professional misconduct that threatens the efficiency and integrity of the corporate liquidation process. The directive ensures that the assets of the , meant for the benefit of stakeholders, are returned without further obstruction, thereby reinforcing the ultimate purpose of the bankruptcy proceedings.
insolvency professional - liquidation fees