Bombay High Court
Padmaja Infra vs Hindustan Consturcition Company ... on 21 June, 2019
Author: K.R. Shriram
Bench: K.R.Shriram
1/5 cnpcp-1-19(902).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO.1 OF 2019
IN
COMPANY PETITION NO.1108 OF 2015
Padmaja Infra ..Petitioner
Vs.
Hindustan Construction Co. Ltd. ..Respondent
Mr. Maulik K. Tanna for Petitioner
Mr. T.Suresh partner of Petitioner present
Mr. A. S. Daver a/w Ms Meenakshi Iyer I/b Advaya Legal for Respondent
Mr. Ajay Singh, Company Secretary and Mr. Keshava Suvarna, Authorized
Signatory of Respondent present
CORAM : K.R.SHRIRAM, J.
DATE : 21st JUNE 2019 P.C.:
1 Mr. Tanna appearing for petitioner states that due to breach of undertaking of respondent, petitioner was exposed to losing a substantial amount.
Mr. Tanna states that after petition was admitted, respondent came forth to settle petitioner's claim and the parties agreed to settle with respondent paying a sum of Rs.1.35 crores towards the undertaking that was given by respondent in the consent terms.
2 Mr. Daver appearing for respondent and all its directors tenders an affidavit of one Mr Ajay Singh, Company Secretary to respondent, affirmed on 21 st June 2019, unconditionally apologizing to the court for the breach of undertaking for which, the court was pleased to issue notice as to why respondent and its directors should not be held guilty of contempt of court. Mr. Daver, on instructions, also offered to pay such amount as donation as the court will direct to any organization as charity.
3 Parties have also tendered minutes of order dated 21 st June 2019 signed by petitioner and authorised representative of respondent and their Meera Jadhav ::: Uploaded on - 25/06/2019 ::: Downloaded on - 14/07/2019 14:26:38 ::: 2/5 cnpcp-1-19(902).doc respective advocates.(Mr. Tanna states that petition was yet to be amended despite liberty granted as parties settled the matter in the meanwhile).The same is taken on record and marked "X" for identification. For ease of reference, the minutes of order is scanned and reproduced hereinbelow :
Meera Jadhav ::: Uploaded on - 25/06/2019 ::: Downloaded on - 14/07/2019 14:26:38 ::: 3/5 cnpcp-1-19(902).doc Meera Jadhav ::: Uploaded on - 25/06/2019 ::: Downloaded on - 14/07/2019 14:26:38 ::: 4/5 cnpcp-1-19(902).doc
4 Mr. Tanna and Mr. Daver state that signatories of petitioner and respondent are present in court and identify them. 5 Mr. Tanna confirmed having received the pay order as mentioned in the minutes of order in paragraph 5(b) and also referred to in paragraph 3 of the affidavit of Mr. Ajay Singh.
6 Order in terms of minutes of order. Unconditional apology of
Meera Jadhav
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5/5 cnpcp-1-19(902).doc
respondent is accepted.
7 Respondent to give a sum of Rs.5 lacs as donation to National
Defence Fund (NDF), State Bank of Inida, Institutional Division, Parliament Street, New Delhi, Account No.11084239799-www.pmindia.nic.in, and file compliance affidavit within two weeks from today. If compliance affidavit is not filed, registry to place this petition for directions.
8 Petition accordingly stands disposed.
(K.R. SHRIRAM, J.) Meera Jadhav ::: Uploaded on - 25/06/2019 ::: Downloaded on - 14/07/2019 14:26:38 :::