• After NCLT Act, High Court order for payment will null & void

I am a petitioner creditors and having High Court order against default company for payment but the said company not made payment in schedule time but after vacation the Calcutta High Court Bench reshuffled and new Concern Judge not taking Company matter . How I can move now please suggest.
Asked 2 years ago in Business Law from Kolkata, West Bengal

If there is a High Court order already and not being complied, file a contempt.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

If the order of the court is not being complied with then you need to file a contempt petition in the HC.

The contempt court has a different jurisdiction and that takes all the cases where the court order has not been complied with.

Contact a local lawyer.

Regarfs

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Friend

Now you can file a contempt petition in high court. Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as 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. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. The client or person must be proven to be guilty before being punished.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
204 Answers
1 Consultation

4.0 on 5.0

take out contempt of court proceedings against the company for failing to comply with orders passed by HC

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

1. What petition is pending before the Calcutta High Court now?

2. Your lawyer shall have to mention the matter for early hearing.

3. You can file a wind up petition against the Company for not being able to pay you the said amount even against Court order and seek appointment of a receiver of the company for arranging to sell it and/or appropriate its debts from its assets/funds.

Krishna Kishore Ganguly
Advocate, Kolkata
22506 Answers
594 Consultations

5.0 on 5.0

Dear Client,

Some other bench may be taking comapny matter or might be postponed company to be list before concerned bench.

Since the order is already delivered in your favor, which the company failed to complied with, File contempt petition.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Hi, you can move an application to transfer the case to appropriate court , who will hear the Petition..

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

You are not properly briefed.

Justice Soumen Sen is still taking company matters.

If you need my assistance to get your case heard feel free to contact.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Check with the local lawyer and file contempt petition.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

your information is not correct.

made an application in the pending matter for confirming the winding up of the company or mention the matter before the concern bench. if the judge refused to take the matter, pressed him to pass a reasoned order to that effect.

NCLT is for administrative winding up and/or administrative dispute of the company.

the financial part is with the High Court

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Are you concerned about the court or the judge

You file your petition in the registry, let the registrar decide about accepting your petition or not.

Dont believe the hearsay information.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

It not the change of the judge which matters but what matters is the change of determination. Presently you can move before the Learned Judge of the Calcutta High Court who is having the determination for taking the company matters.

Sanjoy Bose
Advocate, Kokata
17 Answers

4.0 on 5.0

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