NCLAT Closes Suo Motu Contempt Proceedings Against IRP After Accepting His Unconditional Apology

The National Company Law Appellate Tribunal (NCLAT) at Chennai, has closed contempt proceedings against an Interim Resolution Professional who “sat over” the tribunal's interim stay order and proceeded despite it, after accepting his unconditional apology.

The proceedings were initiated against Anil Kumar Khicha, Interim Resolution Professional of ISPT India Pvt. Ltd., after the appellate tribunal found that despite its October 27, 2025 interim order keeping in abeyance the CIRP order dated September 15, 2025, he had proceeded on November 10, 2025 by assigning his own interpretation to the stay and continuing with proceedings .

A coram of Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain, in its order dated January 29, 2026, recorded that it had earlier directed that “the effect and operation of the impugned order dated 15.09.2025 was directed to be kept in abeyance.”

Despite that, the Bench observed, “Despite there being an Interim Order, which was operating, the Respondent herein, the alleged contemnor Mr. Anil Kumar Khicha, has proceeded to hold the proceedings on 10.11.2025, while assigning his own interpretation to the order passed by us on 27.10.2025, which he couldn't have done.”

The tribunal emphasized that it did not fall within the IRP's prerogative “to sit over the order, interpret the same and take a contrary view by carving out an exception to override the effect of the Interim Order, which was still operating as on 10.11.2025,” and therefore drew up suo motu contempt proceedings against him .

When the contempt matter was taken up, Khicha appeared in person and tendered an unconditional apology. While noting that “the reasons assigned in the application are not satisfactory and exclusively acceptable,” the Bench accepted his apology in view of his undertaking that he would “be cautious in future, while interpreting the orders passed by the Tribunal and would refrain himself from taking any proceedings thereto in contravention to the orders of the Tribunal.”

Accepting the unconditional apology, the tribunal ordered that the contempt proceedings would stand closed.

For IRP: Advocate Raghav Rajeev Menon