Aadya Logistics v. D.Kannan
Case brief
What is this about?
contempt petition filed by Aadya Logistics against State Industries Promotion Corporation for violating an undertaking to refund Rs.90,00,000. The Respondent admitted non-compliance with an earlier order but paid the amount after filing the petition. The Court held the payment was not timely compliance, refrained from issuing a committal order, and instead imposed costs of Rs.50,000 on the Respond
What did the court decide?
petitioner awarded costs of the petition to be paid by the respondent within two weeks, without committal or additional punishment.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 12.01.2018
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
CONT. PETITION NO. 1791 OF 2017
AADYA LOGISTICS
REP. BY ITS PROPRIETOR MADHURSAHA NO.55 ASV COMPLEX CHENNAI-BANGALORE HIGHWAY THANDALAM SRIPERUMBUDUR.
..PETITIONER
Vs
D.KANNAN COMPANY SECRETARY STATE INDUSTRIES PROMOTION CORPORATION OF TAMIL NADU LTD. 19/A RUKMANILAKSHMIPATHY ROAD POST BOX NO. 7223 EGMORE CHENNAI. ..RESPONDENT
Issues for consideration
3 issues framed by the court
Whether a contemnor who files a contempt petition after admitting non-compliance but paying the penalty before the hearing constitutes timely compliance or if a civil committal order is warranted.
Whether the Court should punish the contemnor for the delay in complying with its earlier order.
Whether costs of the petition should be awarded against the contemnor when the primary order is not enforced promptly.
Parties & counsel
- petitioner
AADYA LOGISTICS REP. BY ITS PROPRIETOR MADHURSAHA
- respondent
D.KANNAN COMPANY SECRETARY STATE INDUSTRIES PROMOTION CORPORATION OF TAMIL NADU LTD.
Coram
DR. JUSTICE ANITA SUMANTH
Case details
As recorded by the court registry
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