Dismissing a contempt petition pending since 1999 for lack of evidence regarding willful disobedience by specific respondents, as inferring contempt against a company and its officers required definite proof that was absent.
The contempt petition is dismissed for lack of evidence regarding willful disobedience.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 17 OF 1999
-ALONG WITH-
CRIMINAL APPLICATION NO. 800 OF 2000
ICICI Limited. ..... ..... Petitioner. Versus Patheja Brothers Forgings & Stampings Ltd. & Ors. ..... ....... Respondents.
Mr. F. Sayyed i/by M/s. Manilal Kher & Ambalal & Co., for the petitioner. Mr. S. Jha for Respondent Nos.3,4 and 6. Mr. P. S. Hingorani, APP, for the Respondent State. Respondent Nos.2 to 6 are also present in Court.
CORAM : BILAL NAZKI and A. A. KUMBHAKONI, JJ. DATED : 7TH JULY, 2008.
P.C.:
This contempt petition is pending in this Court from the year 1999.
The contempt has been filed on the grounds mentioned in para 4 (S) of the
petition. The petitioner contended, “the petitioners state that the contempt committed by the respondents are set out as under:
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Reference filed by the Respondents had been registered.
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Hon'ble Court inter alia praying that appropriate action be taken against the respondents and/or other Directors / Managers / Secretaries / Officers / persons of the 1st respondent company”. The contempt jurisdiction is a very serious jurisdiction and consequences of exercise of this jurisdiction would be even jailing a person. Therefore, the court must be definite as to whether there is any willful disobedience of the order of the Court and the Court should also be definite about the person who has committed willful disobedience of the order of the Court.
Sd/-
(BILAL NAZKI, J.)
Sd/-
1 issue framed by the court
Whether the Court should dismiss a pending contempt petition where there is no evidence of willful disobedience of orders and the petition is decades old.
ICICI Limited
Patheja Brothers Forgings & Stampings Ltd.
BILAL NAZKI
A. A. KUMBHAKONI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
