Bombay High Court
The Jalgaon District Central Co ... vs M/S Ambaji Trading Company And Others on 24 April, 2019
Author: V.L. Achliya
Bench: V.L. Achliya
287.19CP.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CONTEMPT PETITION NO.287 OF 2019
IN
WRIT PETITION NO.2969 OF 2016
The Jalgaon District Central
Co-op. Bank Ltd., Jalgaon
..PETITIONER
-VERSUS-
M/s Ambaji Trading Company
and others. ..RESPONDENTS
...
Mr.V.D. Salunke, Advocate for petitioner.
...
CORAM: V.L. ACHLIYA,J.
DATE : 24.04.2019
ORAL ORDER:
Heard.
2. In brief it is the contention of learned counsel appearing for the petitioner that Respondent Nos.1 to 15 had entered into compromise with the petitioner and the Petition was disposed of in terms of the consent terms filed in the Petition. Respondent Nos.1 to 15 are claimed to be signatory to the said consent terms filed in the matter.
3. In terms of consent terms, the ::: Uploaded on - 25/04/2019 ::: Downloaded on - 26/04/2019 03:49:55 ::: 287.19CP.odt 2 respondents have agreed to pay Rs.11 crores to the petitioner towards the dues of provident fund. It is submitted that the cheque issued for the sum of Rs.11 crores returned unpaid with an endorsement "insufficient funds". In the background of consent terms filed in the matter and disposal of the Petition in terms of said consent terms vide order passed by this Court on 11th January, 2018, learned counsel submits that the Respondent Nos.1 to 15 have committed the breach of undertaking given in the matter and liable for contempt proceedings.
4. Considering the submissions advanced, the simple notice be issued to the respondents calling upon them to appear and explain as to why the contempt proceedings be not registered against them. Notice be made returnable on 12th June, 2019.
5. Stand over to 12th June, 2019.
[V.L. ACHLIYA] JUDGE SGA ::: Uploaded on - 25/04/2019 ::: Downloaded on - 26/04/2019 03:49:55 :::