The High Court of Judicature at Bombay disposed of Suit No.794 of 2014 and Contempt Petition No.85 of 2016 based on consent minutes filed by the parties, where the alleged contempt was purged.
Dispensing with the suit and contempt petition with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
12.CONP85.16.doc
1 / 5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO.85 OF 2016
IN
SUIT NO.794 OF 2014
Meher Distilleries Pvt. Ltd.)….Petitioner
V/s.
Veekay distilleries Limited)....Respondent
Mr.H.W.Kane a/w Ms.Vedangi Soman i/by W.S.Kane and Co.for
petitioner.
[Mr.Vaspar Viraf Chony-director of petitioner present].
Dr.Birendra Saraf a/w Mr.Aseem Naphade i/by S.J.Khera for
respondent nos.1 to 4.
[Mr.Sunny Dharmu Budhwani-director of respondent present].
CORAM :K.R.SHRIRAM,J
DATE : 7.8.2019
P.C.:-
1. Parties have tendered consent minutes of the order dated
7.8.2019 which is signed by the director of plaintiff, director of
defendant and their respective advocates. The same is taken on record
and marked `X’ for identification.
2.For ease of reference, scanned copy of consent minutes of
the order is reproduced below :-
KJ
12.CONP85.16.doc
2 / 5
KJ
12.CONP85.16.doc
3 / 5
KJ
12.CONP85.16.doc
4 / 5
KJ
5 / 5
12.CONP85.16.doc
3.Order in terms of the consent minutes of order. All
statements accepted as undertakings to this Court. All undertakings
given separately are also accepted.
4.Dr.Saraf for respondent nos.1 to 4 states that respondents
have handed over 3 cheques for the amounts mentioned in paragraph-
2 of the minutes of the order. Mr.Budhwani-director of defendant who
is present in Court personally undertakes to this Court for himself, for
defendant company and for the other directors of the company that
these cheques will be honoured on presentation and he shall not issue
any stop payment notice or close the bank account or even request
petitioner to delay depositing the cheque. Same is accepted as
undertaking to this court.
5.In view of the above, Mr.Kane for petitioner states that
Court may consider contempt alleged against defendant as purged.
6. Accordingly, the suit and contempt petition stand disposed
with no order as to costs. Refund of court fees if any, in accordance
with Rules. Liberty to apply.
(K.R.SHRIRAM,J)
KJ
Meher Distilleries Pvt. Ltd.
Veekay distilleries Limited
K.R.SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court