This order dismisses a contempt petition filed by Strides Air Systems against the State Bank of India. The court held that no contempt was committed as the Bank was awaiting a Supreme Court SLP against the deposit direction.
Contempt petition dismissed with no costs; Petitioner directed to wait for outcome of SLP.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2020
CORAM:
THE HON'BLE DR. JUSTICE VINEET KOTHARI
and
THE HON'BLE MR. JUSTICE C.SARAVANAN
Contempt Petition No.2202 of 2019
Strides Air Systems (P) Ltd., Represented by its Director D.Anilprabhu 40/1, Vayalur Road, Namachivayapuram, Thodukadu Village Thiruvallur District, 602 105. ... Petitioner ...Vs...
R.Bhaskaran
The Authorised Officer, The State Bank of India Stressed Assets Recovery Branch Red Cross Building, II Floor, No.32, Montieth Road Egmore, Chennai 600 008. ... Respondent
Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent herein for contempt of disobeying the order dated 21.11.2019 in W.P.No.28285 of 2019.
For Petitioner : Mr.Y.Prakash
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ORDER
(Order of the Court was made by DR.VINEET KOTHARI, J.)
This contempt petition has been filed by the petitioner for the alleged breach of the order passed by this Court dated 21.11.2019 in W.P.No.28285 of 2019, by which this Court has directed to deposit a sum of Rs. 3.30 crores to the Respondent State Bank of India within a period of one month from the date of the order i.e., on 21.11.2019 and directed the Respondent Bank to issue necessary orders for releasing both the properties immediately from their charge and allow the petitioner to undertake such transaction in respect of the factory premises and also directed the Bank to release the original documents of title and papers relating to the residential house and the factory premises in favour of the petitioner immediately upon payment of Rs.3.30 crores by the
petitioner to the Respondent Bank.
question has been deposited by the petitioner as early as on 04.12.2019.
However, the Respondent Bank has filed the Special Leave Petition before the https://hcservices.ecourts.gov.in/hcservices/ Hon'ble Supreme Court against the said order of this Court and the matter is
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likely to be listed next week.
petitioner can wait for the reasonable period to ascertain the fate of the SLP filed by the State bank of India . However, we expect that in case of the dismissal of the SLP, the Respondent Bank shall abide by the directions issued by this Court. If the petitioner is still aggrieved by any action of the Respondent Bank, he is at liberty to seek legal remedy in accordance with
law.
In view of the aforesaid observations, this contempt petition is
dismissed. No costs.
SD/
ASSISTANT REGISTRAR(COMM.CASES)
arr
//Certified to be true copy//
Dated at Madras this the day of 2020.
COURT OFFICER(O.S.)
from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format. https://hcservices.ecourts.gov.in/hcservices/
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SMI/28/02/2020
To
The Authorised Officer, The State Bank of India Stressed Assets Recovery Branch Red Cross Building, II Floor, No.32, Montieth Road Egmore, Chennai 600 008.
2 issues framed by the court
Whether the failure of the Respondent Bank to comply with the deposit order pending SLP filing constitutes contempt.
Whether the Petitioner can wait for the Supreme Court decision before seeking further remedies.
Strides Air Systems (P) Ltd.
R.Bhaskaran
The Authorised Officer, The State Bank of India
VINEET KOTHARI
C.SARAVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
