1 32.contp.92.06.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.92 OF 2006 IN NOTICE OF MOTION NO.2649 OF 2003 IN SUIT NO.2861 OF 2003 ICICI Bank Ltd .. Petitioner versus Mehar Dairy Industries Ltd Formerly known as ‘Thapar Milk Products Ltd) and ors ..Defendants --------------------------------------- Mr.Mahesh Patil a/w Mr.Shravanth Paruchuri i/b M/s.Manilal Kher Ambalal and Co,for the Petitioner None for the Respondent. CORAM: S.J.KATHAWALLA, J. DATED: APRIL 8, 2011 P.C. The above Suit was filed by the ICICI Bank against Defendant nos.1,2 and 3 seeking repayment of their dues and appointment of Court Receiver and injunction qua the properties of Defendant no.1 which were mortgaged and/or hypothecated to the Plaintiff Bank. In the said Suit the Plaintiff Bank by Notice of 2 32.contp.92.06.sxw Motion No.2649 of 2003 sought several ad-interim/interim reliefs. By an order dated 6th October, 2003 the Learned Single Judge of this Court inter-alia granted ad-interim relief in favour of the Plaintiff and against the Defendant in terms of prayer clause (c) of the Notice of Motion which reads as under: (c) that pending the hearing and final disposal of the suit, the Defendant no.1 by themselves, their servants and agents be restrained by an order and injunction of this Hon’ble Court from in any manner disposing off, alienating or encumbering or parting with possession or creating third party right, title, interest or claim of any nature whatsoever in the said properties, more particularly described in Exhibits ‘A-1,’A-2’, ‘B’ and ‘C’ to the plaint as also further assets as disclosed by the Defendants on oath” 3 32.contp.92.06.sxw 2 The movable properties of the Defendant no.1 including the movable plant and machinery, machinery spares, Tools and accessories at the premises of the Defendant no.1 company at Approach Road No.II, Village Kamalpura,MIA,Alwar 301 030 ( Rajasthan) are described at Exhibit “B” to the plaint. The Plaintiff received a letter dated 29th June, 2006 from the State Bank of India wherein it is recorded that inspection of Defendant No.1 premises at Alwar-Rajasthan on 18.06.2006 shows that lots of machinery is removed by the Directors/Promoters and the remaining machineries , except milk powder unit(partially damaged) has been dismantled and converted into scrap with malafide intention to remove the same from the premises. The photographs Annexed and marked Exhibit C-1 at page 34 of the Petition also shows the removal of machinery by the Defendant. The Plaintiffs have therefore filed the present Contempt Petition and have prayed that the Respondent nos. 2 and 3 who are Directors of the Defendant No.1 be detained in Civil Prison for a term which may extend for a period of three months under the Provisions of Order 39 Rule 2A of the Civil Procedure Code,1908 for breach of order dated 6th October, 2003 and for each act of contempt committed by the company/ Directors as the case may be as set out in the Petition . 3 The petition was admitted on 8th January, 2007. Thereafter, show-cause notices were issued to the Defendants 1,2 4 32.contp.92.06.sxw and 3. However , the notices issued were returned ‘unserved’. In view thereof the Petitioners served the Contempt Petition on the Defendants by way of substituted service. The Learned Advocate appearing for the Plaintiff has submitted that the Defendants by removing the movables described in Exhibit ‘B’ to the Plaint and dismantling the same from it’s premises at Alwar- Rajasthan has willfully and intentionally committed breach of the order dated 6th September, 2003 passed by this court. From the contents of the letter dated 29th June 2006 written by the State Bank of India to the Plaintiff Bank and a perusal of the photographs annexed and marked Exhibit C-1 to the Plaint, I am satisfied that the Defendants 1,2 and 3 by removing and dismantling the movables described in Exhibit ‘B’ to the Plaint have willfully and intentionally committed breach of the order dated 6th September, 2003 passed by this court. 4 In view thereof the Petition is allowed and the following order is passed: i) The respondents 2 and 3 be detained in Civil Prison for a period of three months under the provisions of Order 39 Rule 2A of the Civil Procedure Code,1908 for removing and dismantling the movables described in Exhibit ‘B’ to the plaint lying in the premises of Defendant no.1 at Alwar- 5 32.contp.92.06.sxw Rajasthan, thereby committing willful breach of the order dated 6th October,2003 passed by this court. ii) The properties , assets of the respondent no.1 be attached under the provisions of Order 39 Rule 2A of the Civil Procedure Code,1908. The Contempt Petition is accordingly disposed of. ( S.J.KATHAWALLA, J ) 6 32.contp.92.06.sxw