Madras High CourtCONT P/920/2019closed

India Yamaha Motor Pvt Ltd v. S.Sivasundar

2020-02-28Honourable Mr Justice T. S. Sivagnanam3 pages

In the High Court of Judicature at Madras Dated : 28.2.2020 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Contempt Petition No.920 of 2019 India YAMAHA Motor Pvt.Ltd., through its authorized signatory Ms.G.Vishnu Priya

...Petitioner

Vs Mr.S.Sivasundar

...Respondent

PETITION under Section 11 of the Contempt of Courts Act to punish the respondent herein for disobeying the order of this Court dated 09.12.2016 made in O.A.No.1114 of 2016.

For Petitioner : Ms.Inthu Karunakaran

ORDER

I have heard the learned counsel for the petitioner.

2. This contempt petition has been filed alleging willful disobedience of the order and directions issued in the order dated 09.12.2016 in O.A.No.1114 of 2016.

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3. Statutory notice was ordered on 12.7.2019 for the personal appearance of the respondent - contemner. However, the notice sent by the Registry returned with the endorsement that the contemner vacated the premises. Thereafter, the learned counsel for the petitioner sought time on various dates to ascertain the correct address, furnish the same to the Registry and amend the cause title to enable this Court to issue fresh notice to the respondent - contemner. The matter has been adjourned for such a reason for more than six times.

4. Today, it is represented by the learned counsel for the petitioner that she came to understand from reliable sources that the respondent - contemner is residing in Karaikudi. She seeks further time to enable her to ascertain the address of the respondent - contemner and file appropriate petition.

5. Considering the fact that the contempt petition has been lingering before this Court ever since June 2019, this Court is of the view that no useful purpose will be served in keeping the contempt petition pending, however, ensuring that the petitioner's rights are not jeopardized. 2/3

6. Hence, for the present, the contempt petition is closed with liberty to the petitioner to file a fresh contempt petition on the same allegations after ascertaining the correct address of the respondent - contemner. SD./- ASSISTANT REGISTRAR(COMM.CASES) rs //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

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