Madras High CourtCONT P/1876/2018closed

Rioglass Solar Sa v. Thyagarajan Shivaraman

2019-03-01Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2019 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No. 1876 of 2018 in O.P.No.587 of 2015 Rioglass Solar SA, Rep by its Power of Attorney Agent, Mr.Jose Maria Villanueva Fernandez, Poligno Industrial Villallana, S/N 33695 Pola de Lena, Asturias, Spain.

... Petitioner Vs Thyagarajan Shivaraman, Mohammed Amjat Shariff, Direcotrs, M/s.Shriram EPC Limited, Egmore, Chennai.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent herein for wilfull disobedience of the order of this Court dated 09.02.2017 passed in O.P.No.587 of 2015. For Petitioner : Mr. S.R.Raghunathan For Respondent : Mr.Vishnu Mohan

ORDER

This Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent herein for wilfull disobedience of the order of this Court dated 09.02.2017 passed in O.P.No.587 of 2015.

2. Heard Mr.S.R.Raghunathan, learned counsel for the petitioner and Mr.Vishnu Mohan learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ respondent/contemnor.

3. On the last hearing date i.e., on 25.01.2019, an affidavit has been filed by the respondent/contemnor dated 23.01.2019, sworn in by the Authorized Signatory R.Sridharan. Along with the affidavit, in Annexure XVI, a settlement agreement dated 21.12.2018 has been filed in which there has been a settlement proposal which was agreed to by the parties.

4. I am informed by the learned counsel for the petitioner that in terms of the settlement agreement, the first instalment has been paid. It appears that the remaining payments are spread over and to be paid on 1st of every month commencing from 01.02.2019 till 20.02.2019 or 21.02.2019.

5. In the light of the settlement agreement entered into by the parties, this Contempt Petition is closed with liberty to the petitioner to work out his remedies in accordance with law.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mrm/ssb //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this https://hcservices.ecourts.gov.in/hcservices/ format.

PS/14/03/2019