NATIONAL COMPANY LAW APPELLATE TRIBUNAL Dismisses Contempt Application Due to Lack of Evidence of Violation. Tribunal Emphasizes Need for Compliance with Judicial Directions Under the Insolvency and Bankruptcy Code.

Tribunals: National Company Law Appellate Tribunal Bench: NEW DELHI
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Case Note & Summary

The matter before the National Company Law Appellate Tribunal involved a contempt application filed by the Corporate Tower Association against the Resolution Professional of SRS Real Infrastructure Ltd. The Tribunal had previously issued an order on 20/01/2026, directing the appellants to pursue an application before the Adjudicating Authority regarding IA(I.B.C.) 845 (CH) of 2023, with further steps to be taken only after its disposal. However, the appellants received an email on 25/03/2026 from the Resolution Professional, referencing an oral direction from the NCLT, Chandigarh, which led to the issuance of an Expression of Interest for the SRS Tower project. The Tribunal noted that it was unaware of any such oral directions and advised the Applicant to formally approach the Adjudicating Authority for clarification regarding compliance with the Tribunal's order. Consequently, the contempt application was disposed of, with directions for the Applicant to seek appropriate remedies in accordance with the law.

Headnote

A) Contempt of Court - Violation of Tribunal Order - Actions of Resolution Professional - Insolvency and Bankruptcy Code, 2016, Section Not mentioned - The Tribunal addressed the issue of the Resolution Professional issuing an Expression of Interest contrary to its prior order, emphasizing the need for adherence to judicial directions. The Tribunal directed the Applicant to seek clarification from the Adjudicating Authority regarding the alleged oral directions and to ensure compliance with the existing order. Held that the contempt application was disposed of accordingly (Paras 1-4).

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Issue of Consideration

Whether the actions of the Resolution Professional violated the prior order of the Tribunal.

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Final Decision

The Tribunal disposed of the contempt application, directing the Applicant to seek clarification from the Adjudicating Authority regarding compliance with the Tribunal's order.

Law Points

  • Contempt of court
  • Adjudicating Authority
  • Expression of Interest
  • Insolvency and Bankruptcy Code
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Case Details

2026 LawText (NCLAT) (08) 99

Contempt Case (AT) No. 23 of 2026 in Comp. App. (AT) (Ins) No. 103 of 2026

2026-08-05

Justice Yogesh Khanna, Ajai Das Mehrotra

Ms. Kanika Jain, Ms. Mahima

Corporate Tower Association

Amarpal Resolution Professional of SRS Real Infrastructure Ltd.

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Nature of Litigation

Contempt application regarding violation of Tribunal order

Remedy Sought

Corporate Tower Association sought enforcement of Tribunal's prior order

Filing Reason

Alleged violation of Tribunal's order by the Resolution Professional

Previous Decisions

Tribunal had directed the appellants to pursue an application before the Adjudicating Authority

Issues

Whether the Resolution Professional's actions constituted contempt of court Whether the Tribunal's prior order was violated

Submissions/Arguments

Appellants argued that the Resolution Professional acted contrary to the Tribunal's order Respondent's actions were based on alleged oral directions from the NCLT

Ratio Decidendi

The Tribunal emphasized the importance of compliance with its orders and the proper channels for addressing alleged violations.

Judgment Excerpts

The Contempt Application is disposed of in view of the above. We are not aware of oral directions, if any, issued by the Ld. NCLT.

Procedural History

The Tribunal issued an order on 20/01/2026 directing the appellants to pursue an application before the Adjudicating Authority, leading to the current contempt application.

Acts & Sections

  • Insolvency and Bankruptcy Code:
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