N.Kathirvel v. Prabakara Rao

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2016

CORAM

THE Hon'ble Mr.JUSTICE M. DURAISWAMY Contempt Petition No.261 of 2016 and Sub Appln.No.108 of 2016 N. Kathirvel .. Petitioner vs M. Prabakara Rao, The Managing Director of M/s Pondy Die Casting (P) Ltd., A1 & A2 Industrial Estate, Sedarapet, Puducherry - 605 111 .. Respondent Contempt Petition filed under Section 11 of Contempt of Court Act to punish the respondent for his act of wilful disobedience of the order passed in M.P.No.1 of 2014 in WP No.30601 of 2013 dated 09.02.2015.

For petitioner :

No apperance For respondent :

Mr.V. Balamuragane

O R D E R

The petitioner has filed the Contempt Petition to punish the respondent for his act of wilful disobedience of the order passed in M.P.No.1 of 2014 in WP No.30601 of 2013 dated 09.02.2015.

2.

When the matter was listed for hearing on 15.03.2016, there was no representation for the petitioner. Hence this matter was adjourned to 22.03.2016. On 22.03.2016 also, there was no representation. Hence this matter was adjourned to today i.e., 30.03.2016 for listing the matter under the caption " Dismissal". Today also, there is no representation for the petitioner. 3.

On 15.03.2016, Mr.V. Balamurugane, learned counsel appearing for the respondent, submitted that the respondent sent a letter to the petitioner, stating that he is ready to comply with the orders of this Court by paying a sum of Rs.1,36,000/- and also submitted that the respondent is having a Demand Draft for the said amount with him for handing over the same to the petitioner. Since the learned counsel for the petitioner was not present on 15.03.2016, the learned counsel for the respondent could not hand over the Demand Draft to her.

4. When the matter is taken up for hearing today, Mr.V. Balamurugane, learned counsel appearing for the respondent, submitted that he would instruct the respondent to send the Demand Draft by Registered Post with Acknowledgement Card within three days from today.

5.

In view of the submissions made by the learned counsel for the respondent, I am of the view that there is no wilful disobedience on the part of the respondent. Hence this Contempt Petition stands closed. Consequently, connected Sub Application is closed. It is made clear that the repsondent shall continue to comply with the orders passed by this Court in M.P.No.1 of 2014 in W.P.No.30601 of 2013.

sr SD/- DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/06/04/2016 To The Managing Director M/s Pondy Die Casting (P) Ltd., A1 & A2 Industrial Estate, Sedarapet, Puducherry - 605 111.