NDLI: Orbit Electricals Private Limited Vs. Deepak Kishan Chhabria & Ors.

Orbit Electricals Private Limited Vs. Deepak Kishan Chhabria & Ors.

Content Provider: Supreme Court of India

Please Log-in to view this content

If you are not a registered user, please register first and then use the e-mail id and password to log-in.

Advisory jurisdiction

Arbitration petition

Civil miscellaneous petition

Contempt petition criminal

Criminal appeal

Criminal miscellaneous petition

Curative petition Criminal

Curative petition civil

Death reference case

Disciplinary jurisdiction

Election petition civil

Habeas corpus petition

Miscellaneous application

Review petition civil

Review petition criminal

Special leave petition civil

Special leave petition criminal

Special reference case

Suo moto contempt petition civil

Suo moto contempt petition criminal

Suo moto transfer petition civil

Suo moto transfer petition criminal

Suo moto writ petition civil

Suo moto writ petition criminal

Tax reference case

Transfer petition civil

Transfer petition criminal

Transferred case civil

Transferred case criminal

Writ petition civil

Writ petition criminal

Orbit Electricals Private Limited Vs. Deepak Kishan Chhabria & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Contempt
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case Type	Contempt Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Issue for consideration: Order dtd.13.10.23 was passed by the Supreme Court directing NCLAT to pronounce judgment in the pending appeal only after the results of the Annual General Meeting of Finolex Cables Limited were declared. Despite the fact that NCLAT’s attention was drawn to the order of the Supreme Court, it went on to deliver the judgment ignoring the direction therein. Said order, if was in willful defiance of the Supreme Court’s order. 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]
Judge	N/A
Neutral Citation	2023 INSC 967
Petitioner	Orbit Electricals Private Limited
Respondent	Deepak Kishan Chhabria & Ors.
SCR	[2023] 15 S.C.R. 1022
Judgement Date	2023-10-30
Case Number	1195

Central Library (ISO-9001:2015 Certified)
Indian Institute of Technology Kharagpur
Kharagpur, West Bengal, India | PIN - 721302

See location in the Map
03222 282435
Mail: support@ndl.gov.in

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in