M/S Pca Automobiles India Pvt Ltd v. Bala @ Bala Yogi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2021

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN Contempt Petition No.456 of 2021 M/s.PCA Automobiles India Pvt. Ltd., Rep. By Mr.Raj Kalyanarajan, Senior Director (Manufacturing), Having Office at World Trade Centre, 1st Floor, Holiday Inn Campus, No.110, Rajiv Gandhi Salai, Old Mahabalipuram Road, Thiruvanmiyur, Chennai - 600 041.

... Petitioner -vsBala @ Bala Yogi, S/o Mr.Vadivel, No.10/1, S.P.H.Road, Manavalanagar, Tiruvallur District.

... Respondent Petition filed under Section 11 of the Contempts of Court Act, 1971, to punish the 1st respondent for wilful disobedience of the direction of this Honourable Court in Crl.R.C.No.1257/2019.

For Petitioner ::

M/s AAV Partners For Respondent ::

Mr.P.Prince Premkumar 1/3

ORDER

The petitioner has come up with this contempt petition for the alleged violation of the undertaking given by the respondent on 18.02.2020 during the course of hearing in Crl.OP.No.7249 of 2019 that 'he will not disturb the business of the petitioner's company in any manner and also not indulge in any other activities against them at present and in future'.

2. Today, when the matter was taken up for consideration, the learned counsel for the respondent drew the attention of this Court to the affidavit filed by the respondent dated 20.04.2021, wherein in paragraphs 8 and 9, it is stated as follows:

"8. I further state that I have participated in the said agitation only on the invitation from the said company's set of terminated employee and I never indulged or disturbed the piece of petitioner's company premises in any manner. Now I am rendering my sincere unconditional apologies before this Hon'ble Court for the above said participation.

9. I further state that hereafter I will not indulge or disturb the business of petitioner's company in any manner and I assure that I will not assemble or gather before the petitioner's company premises as unlawfully at present and in future."

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3. In view of the undertaking so given by the respondent, this Court is of the opinion that nothing survives for adjudication. Hence, recording the affidavit dated 20.04.2021 filed by the respondent, this contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) av //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/20/07/2021 3/3