Section 425: Power to punish for contempt

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
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Legal Commentary & Landmark Judgments: Section 425

Section 425 vests the National Company Law Tribunal and Appellate Tribunal with the same jurisdiction, powers, and authority in respect of contempt of itself as are possessed by a High Court under the Contempt of Courts Act, 1971.

  • Appellate Remedies & Forum: Section 425 enacts a powerful judicial authority: the Tribunal and the Appellate Tribunal shall have the same jurisdiction, powers and authority in respect of contempt of themselves as the High Court has and may exercise, for this purpose, the powers under the provisions of the Contempt of Courts Act, 1971.
  • Judicial Review & Forum: These provisions take effect subject to modifications that references to High Court shall be construed as references to the Tribunal or Appellate Tribunal, and references to Advocate-General shall be construed as references to such law officers as the Central Government may specify.
  • Penal Consequences & Liability: This enables the NCLT and NCLAT to punish both civil contempt (willful disobedience of orders or breach of undertakings) and criminal contempt (scandalizing the tribunal or obstructing justice).
Key Landmark Precedents:
  • Reliance Communication Ltd. v. State Bank of India (2019) SCC OnLine SC 412: The Supreme Court recognized that corporate tribunals possess full contempt jurisdiction under Section 425 to enforce compliance with their interim and final orders, and deliberate breach of undertakings invites severe penalties.
  • T. Sudhakar Prasad v. Govt. of A.P. (2001) 1 SCC 268: The Supreme Court established that statutory tribunals vested with contempt powers akin to High Courts have the constitutional authority to punish contemnors to uphold the dignity and effectiveness of judicial administration.
Legal Commentary:

Section 425 ensures that corporate litigants cannot flout NCLT interim injunctions, asset freezes, or disclosure orders with impunity. When a corporate board willfully defies an NCLT direction under Section 242 or alienates assets frozen under Section 221, the aggrieved party can initiate contempt proceedings under Section 425, exposing directors to personal imprisonment of up to six months.