Contempt – Interim direction passed by the NCLAT at the stage of reserving orders, restoring the status quo ante as available prior to EOGM dtd.03.05.19 was vacated by Supreme Court – While vacating the order, it was noted that the Annual General Meeting (AGM) of Finolex Cables Limited was to take place on 29.09.23 and directed that any action taken on the appointment of the Executive Chairperson shall be subject to the outcome of the appeal pending before NCLAT – Proceedings mentioned in the Contempt Petition, apprising the Supreme Court that the declaration of the result of the AGM was deferred till the declaration of the judgment by NCLAT – Vide Order dtd.13.10.23, Scrutinizer was directed to declare the result of the AGM and NCLAT was directed to declare its judgment in the pending appeal after it was duly apprised of the fact that the result of the AGM was declared – Grievance of the Petitioners that the NCLAT was though apprised of the said order, it proceeded to deliver the judgment ignoring the direction therein– Chairperson of the NCLAT directed to verify the position and submit report– Report submitted – Affidavits filed by the two members who constituted the Bench of the NCLAT and by the Scrutiniser:
Held: From the CCTV footage as well as from the transcript, it is evident beyond doubt that though the NCLAT was duly apprised of the fact that this Court had in the morning session on 13.10.23 passed an order to the effect that the judgment shall be pronounced only after the results by the Scrutiniser were declared, the Bench of the NCLAT declined to pay heed to the order of this Court – The Bench of the NCLAT acted in willful defiance of the order despite the fact that its attention was drawn to the order of this Court – Unconditional apology tendered by the Member (Technical) accepted – As regards the Member (Judicial), what was stated by him was contrary to the record – This was compounded by what had been stated in the affidavit filed – The conduct of the Member (Judicial) is censured – Further, on facts, there is no doubt that the the Scrutiniser acted in concert with ‘DKC’, the then acting Chairman-cum-Managing Director to delay the declaration of the result of the AGM, in breach of the directions issued by this Court – ‘DKC’ to pay Rs.1 crore and the Scrutiniser to pay Rs.10 lakhs to the Prime Minister’s Relief Fund – Directions issued in the earlier order of this Court setting aside the judgment delivered by the Bench of the NCLAT on 13.10.23, reiterated – Contempt proceedings disposed of. [Paras 19, 21-24, 26, 28, 31 and 33]
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