Tcp Limited, v. Rajesh Lakhoni

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM TCP Limited ... Petitioner Vs.

Rajesh Lakhoni ... Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for disobeying the order of this Hon'ble Court dated 22.02.2022 made in W.P.No.27680 of 2015. For Petitioner : Mr.Rahul Balaji For Respondent : Mr.D.R.Arun Kumar, SC for TANGEDCO

O R D E R

The Contempt Petition has been filed against the respondents for disobeying the order passed by this Court on 22.02.2022 made in W.P.No.27680 of 2015.

2. This Contempt Petition cannot be entertained unless the petitioner prima facie establish that the respondent has violated the order of this Court.

3. The learned counsel for the respondent Board would submit that a lump sum amount of Rs.10,00,00,000/- had already been settled in favour of the petitioner. As per the direction of this Court, three installments were already been paid, as agreed between the parties. Once the parties have agreed to receive the amount, the petitioner cannot file a contempt based on the directions issued by this Court. Post orders of this Court, the petitioner agreed to receive the balance amount by way of installments through letter dated 15.09.2023. As per the agreement, the Board had already settled three installments and the balance three installments would be settled without

committing any default.

4. In view of the said undertaking given by the respondents, no further adjudication is required in the contempt petition and accordingly, the same is closed. Therefore, the respondent has not committed any contempt of Court. 29.01.2024 skr Index : Yes / No Speaking order / Non-speaking order

S.M.SUBRAMANIAM, J.

skr 29.01.2024