IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1457 of 2006 M/S NAMAN SMOKELESS FUEL INDUSTRIES PRIVATE LIMITED Versus AJIT KUMAR & ANR ----------- For the Petitioner : Mr. Raj Kishore Prasad. For the Respondents 1& 2 : Mr. Nirmal Kumar, G.P. IV ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 31st July, 2008. After having heard the counsel for the petitioner and upon perusal of the available material, we are satisfied that this contempt application (M.J.C. No. 1457 of 2006) is wholly misconceived, frivolous and abuse of process of the Court. If at all, some body is guilty of contempt for the disobedience of the order dated 19th April, 2006, it is the petitioner. It is pertinent to notice that vide order dated 19th April, 2006, the petitioner, on its undertaking, was granted indulgence to liquidate the outstanding in six instalments payable on 15.5.2006, 15.6.2006, 15.7.2006, 15.8.2006, 15.9.2006 and 15.10.2006. In the order dated 19th April, 2006 it has been made clear that any breach of undertaking given to the Court by the petitioner i.e. any failure to make payment of any instalment on the dates, noticed above, will amount to a consequential penalty, apart from any action that the Corporation might take against the petitioner. 2. To our specific query, as to whether the petitioner has - 2 - paid all the six instalments as recorded in the order dated 19th April, 2006 based on its undertaking, the counsel for the petitioner conceded that due payment of all the six instalments has not been made. 3. How could, in the circumstances, where the petitioner has breached the undertaking given by it and order of this Court dated 19th April, 2006, raise the grievance that the respondents have violated the order. 4. The counsel for the petitioner admits that the Unit has been un-sealed, although belatedly. 5. Since this contempt application is an abuse of the process of the Court, it is liable to be dismissed and is dismissed with costs which is quantified at Rs. 25,000/- (Rupees twenty five thousand only). R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-