Magma Fincorp Ltd. Vs. Iltush Ahmed and anr.. - Court Judgment

Excerpt:

.....proceedings were initiated. by an order dated august 27, 2010 this court granted the alleged contemnors a weeks time to comply with the earlier orders of this court. the order was not complied with. by an order dated september 17, 2010 this court held the contemnors guilty of gross contempt of court and directed the contemnors to be present in court, so that sentence of contempt could be pronounced in their presence. an affidavit has been filed by the alleged contemnors today wherein it is stated that possession of the vehicle has been made over to one mansoor khan and samar bahadur misra. there is not a whisper as to when possession was made over to mansoor khan and samar bahadur misra. the transfer of possession notwithstanding the orders of the court referred to herein above, in itself amounts to gross contempt of court. this court deems it appropriate to impose penalty of rs.2000/- on each of the alleged contemnors. in default of payment of the penalty by october 4, 2010 the alleged contemnor-respondent no.1 shall suffer sentence of civil imprisonment for a period of 14 days. the penalty shall be paid to the registrar, original side, of this court. the contempt.....

Judgment:

The Court : This Court ( The Honble Justice Patherya ) passed an order dated September 9, 2008 appointing a Receiver to make an inventory of the assets in possession of the alleged contemnors. The order was communicated to the alleged contemnors on September 23, 2008.

It appears that the learned Receiver was not allowed to make an inventory in terms of the order dated September 9, 2008 of Her Ladyship.

On September 23, 2008 this Bench directed the learned Receiver to take actual physical possession of the assets in question, if necessary with police help.

The learned Receiver submitted a report wherefrom it appears that the alleged contemnors obstructed implementation of the order dated September 23, 2008 of this Court. On December 3, 2008, this Court confirmed the earlier interim order and directed the respondents to make over possession of the assets in question to the learned Receiver at a time and place to be notified by the learned Receiver. The learned Receiver directed the alleged contemnors to produce the vehicle on August 2, 2009. This was not done. Thereafter, contempt proceedings were initiated. By an order dated August 27, 2010 this Court granted the alleged contemnors a weeks time to comply with the earlier orders of this Court. The order was not complied with.

By an order dated September 17, 2010 this Court held the contemnors guilty of gross contempt of Court and directed the contemnors to be present in Court, so that sentence of contempt could be pronounced in their presence.

An affidavit has been filed by the alleged contemnors today wherein it is stated that possession of the vehicle has been made over to one Mansoor Khan and Samar Bahadur Misra. There is not a whisper as to when possession was made over to Mansoor Khan and Samar Bahadur Misra. The transfer of possession notwithstanding the orders of the Court referred to herein above, in itself amounts to gross contempt of Court.

This Court deems it appropriate to impose penalty of Rs.2000/- on each of the alleged contemnors.

In default of payment of the penalty by October 4, 2010 the alleged contemnor-respondent No.1 shall suffer sentence of civil imprisonment for a period of 14 days. The penalty shall be paid to the Registrar, Original Side, of this Court.

The contempt application is disposed of accordingly. Registrar, Original Side, and all parties are to act on a signed Photostat copy of this order on the usual undertakings.