Sandeep Sharma & ANR. v. Sunil Kumar Jain

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 350/2020 SANDEEP SHARMA & ANR.

.....Petitioners Through:

Mr. Anant Malik and Mr. Gaurav Singh, Advocates.

versus SUNIL KUMAR JAIN ..... Respondent Through:

Mr. Sunil Kumar Jain, Advocate.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 17.07.2020

1. The hearing was conducted through video conferencing.

2. The petitioner contends that the guidelines laid down by the Supreme Court in Vijay Kumar Jain v. Standard Chartered Bank, 2019 SCC OnLine SC 103 have been violated by the respondent and the same constitutes contempt of court.

3. The learned counsel for the respondent submits that the relief sought by the petitioners could have been agitated in his application pending before the learned NCLT, in which the petitioner had sought supply of documents. He submits that there is an equally efficacious alternate remedy for the petitioner before the learned NCLT under section 60 (5) of The Insolvency and Bankruptcy Code, 2016. He further submits that the respondent is bound by the aforesaid guidelines of the Supreme Court.

4. In the circumstances, the learned counsel for the petitioners does not wish to press the petition at this stage and seeks liberty to pursue such remedies as may be available in law.

5. The contempt petition is dismissed as withdrawn. Liberty granted.

6. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JULY 17, 2020 AB