Saraswati Education Society And 7 Others v. Piramal Finance Pvt. Ltd. And Another

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMM APPEAL (L) NO. 285 OF 2018 IN CHAMBER SUMMONS (L) NO. 391 OF 2018 IN COMMERCIAL EXECUTION APPLICATION NO. 37 OF 2018 IN SUIT NO. 133 OF 2016 ALONG WITH NOTICE OF MOTION (L) NO. 620 OF 2018 Saraswati Education Society and ors.

.. Appellants Vs.

Piramal Finance Private Limited and anr.

.. Respondents Mr.A.Y.Sakhare, Senior Counsel a/w Mr.P.K.Tripathi, Mr.Virendra Tripathi i/b Mr.C.K. Tripathi, for the Appellants. Dr.Birendra Saraf a/w Mr.Gaurav Mehta, Ms.Snehal, Ms.Maithili Vagal i/b Dhaval Vussonji & Associates, for Respondent No.1. CORAM : NARESH H.PATIL & G.S.KULKARNI JJ.

DATE : 26th JUNE 2018 P.C. :

.

We have heard learned Senior Counsel Shri Sakhare and learned Counsel Shri Saraf. Perused the relevant orders 1/3

passed by the learned Single Judge including an order passed on 22/06/2018. Paragraphs 1 & 2 of the said order read as under:

1. Dr.Saraf is correct in pointing out that prima facie further disclosures and Affidavit filed by Defendants Nos. 2 to 8 are unsatisfactory, and that is putting it mildly. Defendants Nos. 3, 4 and 5 have chosen to stay away from Court. That is also unacceptable. All Defendants were present personally in Court on 15th June 2018. I now require all the Defendants to be present personally in Court at 11.00 am on 27th June 2018.

2. I will note the statement by Dr.Saraf that the Plaintiff also press for an order in contempt. That will be taken up on the next date. Defendants Nos. 2 to 8 are accordingly put to notice and will not be heard on any complaint that they have no notice.

2.

Learned Senior Counsel Shri Sakhare on instructions submits that the appellants have serious apprehension that they may face adverse order under the contempt proceedings on the date of appearance i.e. 27/06/2018. Learned Counsel Shri Saraf submits that needless to mention that in case the Court decides to resort to such proceedings under the Contempt of Courts Act, principles of natural justice would be followed and there is nothing in the order to suggest contrary.

3.

We therefore clarify that in case learned Single Judge 2/3

forms an opinion to initiate proceedings under the Contempt of Courts Act, it is needless to mention that the necessary procedure enunciated under the Act and principles of natural justice would be followed.

4.

With this clarification, Appeal is disposed of. In view of the disposal of the Appeal, Notice of Motion (L) No. 620 of 2018 does not survive and the same is also disposed of as such. (G.S.KULKARNI, J.) (NARESH H.PATIL, J.) 3/3