Hsbc Pi Holdings (Mauritius) Limited vs Pradeep Shantipershad Jain & Ors.

Court

Supreme Court of India

Date

11 July 2022

Case No.

Contempt Petition (Civil) No. 624 of 2020

Bench

M.R. Shah, Aniruddha Bose

Citation

[2022] 15 S.C.R. 430 : 2022 INSC 685

Headnote

Contempt of Courts Act, 1971 – Contempt of Court – When – Held: Sufficient opportunities have been given to the respondents to deposit the shortfall amount so as to maintain a sum of USD 60 million in their Corporation Bank account – Defence on their behalf lacks bona fides – Respondents cannot be permitted to make the same submissions which have not been accepted and/or rejected earlier – Repetitive submissions which have not been accepted earlier by court that itself is a wilful disobedience and tantamount to contempt showing the conduct on the part of the contemnors – Respondents are guilty of deliberate and wilful disobedience of judgment and order dated 19.08.2020 passed in Civil Appeal No. 5158/2016 as well as order dated 06.05.2021 passed in the present petition – They have rendered themselves liable for suitable punishment under the provisions of the Contempt of Courts Act for wilful disobedience – However, before any further order of punishment/conviction is passed, an additional opportunity is given to the respondents to comply with order dated 06.05.2021 as well as judgment and order dated 19.08.2020 passed by this Court to deposit the shortfall amount so as to maintain a balance of USD 60 million in their Corporation Bank account within a period of four weeks from today – This would have a direct bearing on the punishment to be imposed – Matter be put up for further order on punishment.

R.N. Dey Vs. Bhagyabati Pramanik (2000) 4 SCC 400: [2000]

3 SCR 172 – distinguished.

Welset Engineers & Anr. Vs. Vikas Auto Industries & Ors. (2015) 10 SCC 609; SEBI Vs. Sahara India Real Estate Corp. Ltd. & Ors. (2014) 5 SCC 429 – relied on.

KK Modi Vs. KN Modi and Ors. (1998) 3 SCC 573 : [1998] 1 SCR 601; Firm Ashok Traders Vs Gurumukh Das Saluja (2004) 3 SCC 155 : [2004] 1 SCR 404; Delhi Development Authority Vs. Skipper Construction CO. (P) Ltd. (1996) 4 SCC 622 : [1996] 2 Suppl. SCR 295; Rajinder Kumar Malhotra Vs. Paresh Biharilal Vyas; 2016 SCC Online Bom 89; Rama Narang Vs. Ramesh Narang and Anr. (2006) 11 SCC 114 : [2006]

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Present contempt petition has been preferred by the petitioner herein, alleging wilful, intentional and deliberate disobedience of the directions issued by this Court by the alleged contemnors – respondents herein in not depositing the shortfall amount so as to maintain a balance of USD 60 million in the Corporation Bank account maintained by Avitel Post Studioz Limited (hereinafter referred to as the “Avitel”), a company owned by the alleged contemnors. It is alleged that the alleged contemnors are in wilful breach of two orders o

View Subscription Plans →