Union of India Vs. Jaiswal Coal Company & Ors.
EmailAppeal: Civil Miscellaneous Petition Nos.12531, 10920 & 26425 of 1986.
(In Civil Appeal No.2441 of 1984)
(In Civil Appeal No.2441 of 1984)
Petitioner: Union of India
Respondent: Jaiswal Coal Company & Ors.
Apeal: Civil Miscellaneous Petition Nos.12531, 10920 & 26425 of 1986.
(In Civil Appeal No.2441 of 1984)
(In Civil Appeal No.2441 of 1984)
Judges: A.P.SEN & V. BALAKRISHNA ERADI, JJ.
Date of Judgment: Mar 12, 1987
Head Note:
CONTEMPT OF COURT
Money withdrawn from the Court of Civil Judge without furnishing bank guarantee as ordered by the Court – Money not brought back and deposited in the Court as required by Court’s subsequent order – Contumacious conduct – C, one of the contemnors sentenced to six month’s imprisonment.
JUDGEMENT:
ORDER
1. Despite this Court’s order dated February 10, 1987 by which the contemnors Chiranji Lal Jaiswal, the Receiver, and his two sons, Kubernath and Gorakhnath were directed to bring back the amount of Rs.33,94,666.00, which was withdrawn by the contemnor Chiranji Lal Jaiswal, who was the Receiver, on October 9, 1985 from the Court of Civil Judge, Lucknow without furnishing bank guarantee as ordered by this Court, the contemnors have not obeyed the Court’s order in depositing the amount.
2. The contemnor Chiranji Lal Jaiswal, the Receiver, is present in person in the Court, so also his son, the contemnor Kubernath. The other contemnor Gorakhnath is represented by counsel. On the last occasion we had made it clear to the contemnors as well as their counsel that if the contemnors do not put back the money in Court as ordered, they would be committed for contempt. The amount of Rs.33,94,666.00 has not been deposited by them as directed. We are satisfied that the contemnors have no intention of complying with the Court’s order. In view of the contumacious conduct of the contemnors, we are left with no other alternative but to direct the detention of Chiranji Lal Jaiswal, the Receiver, in civil prison for a period of six months.
3. We at the present moment refrain from making any direction with regard to other two contemnors. The contemnors Kubernath and Gorakhnath, through counsel want to be heard in the matter before a detention order is passed.
4. The contemnor Chiranji Lal Jaiswal, the Receiver, who had withdrawn the money from the Court shall be taken into custody. The Registrar of this Court will take the contemnor Chiranji Lal Jaiswal into custody to send him to Tihar Jail for being detained in compliance with this Court’s order.
5. Let a bailable warrant issue for the arrest of Shri Ram Narain Gupta, Advocate, Lucknow to be executed through the District Judge, Lucknow who shall enlarge him on bail on his entering into a bond in the sum of Rs. 10,000 for his appearance in Court on April 1, 1987 with one surety in the like amount. We direct that Shri Ram Narain Gupta shall remain present in person in the Court on the next date of hearing i.e. April 1, 1987.
6. We wish to make it clear that the detention of the contemnors by way of punishment for contempt will not in any way affect the Court’s order to direct them to make good the amount in future.
7. These matters are adjourned to April 1, 1987.
1. Despite this Court’s order dated February 10, 1987 by which the contemnors Chiranji Lal Jaiswal, the Receiver, and his two sons, Kubernath and Gorakhnath were directed to bring back the amount of Rs.33,94,666.00, which was withdrawn by the contemnor Chiranji Lal Jaiswal, who was the Receiver, on October 9, 1985 from the Court of Civil Judge, Lucknow without furnishing bank guarantee as ordered by this Court, the contemnors have not obeyed the Court’s order in depositing the amount.
2. The contemnor Chiranji Lal Jaiswal, the Receiver, is present in person in the Court, so also his son, the contemnor Kubernath. The other contemnor Gorakhnath is represented by counsel. On the last occasion we had made it clear to the contemnors as well as their counsel that if the contemnors do not put back the money in Court as ordered, they would be committed for contempt. The amount of Rs.33,94,666.00 has not been deposited by them as directed. We are satisfied that the contemnors have no intention of complying with the Court’s order. In view of the contumacious conduct of the contemnors, we are left with no other alternative but to direct the detention of Chiranji Lal Jaiswal, the Receiver, in civil prison for a period of six months.
3. We at the present moment refrain from making any direction with regard to other two contemnors. The contemnors Kubernath and Gorakhnath, through counsel want to be heard in the matter before a detention order is passed.
4. The contemnor Chiranji Lal Jaiswal, the Receiver, who had withdrawn the money from the Court shall be taken into custody. The Registrar of this Court will take the contemnor Chiranji Lal Jaiswal into custody to send him to Tihar Jail for being detained in compliance with this Court’s order.
5. Let a bailable warrant issue for the arrest of Shri Ram Narain Gupta, Advocate, Lucknow to be executed through the District Judge, Lucknow who shall enlarge him on bail on his entering into a bond in the sum of Rs. 10,000 for his appearance in Court on April 1, 1987 with one surety in the like amount. We direct that Shri Ram Narain Gupta shall remain present in person in the Court on the next date of hearing i.e. April 1, 1987.
6. We wish to make it clear that the detention of the contemnors by way of punishment for contempt will not in any way affect the Court’s order to direct them to make good the amount in future.
7. These matters are adjourned to April 1, 1987.
