NATIONAL FERTILIZERS LTD Vs. TUNCAY ALANKUS

JUDGEMENT

(1.) This petition is filed under Article 129 of the Constitution of India read with Order XLVII of the Supreme Court Rules, 1966 and rule 3(C) of the Rules to regulate proceedings for Contempt of the Supreme Court, 1975 making the prayer to punish respondent No.1 for withdrawing a very large sum of money from his bank account in a Swiss bank in violation of this Court s orders dated September 4, 2006 and December 14, 2006. As a matter of fact, by an earlier order passed by the Court on April 1, 2010, in course of the proceedings of the case, respondent No.1 has actually been held guilty of contempt of court; it is a brief order, wherein Paragraphs 6 & 7, the Court observed and held as follows:

(2.) On that date, however, the Court did not give any punishment to the respondent but directed the case to be listed on April 12, 2010 for passing the sentence on the contempt, observing further that, in the meanwhile, if the contemnor deposited the amount withdrawn from the bank, the Court might consider recalling the order passed on that date.

(3.) The respondent did not deposit the amount allegedly withdrawn by him from the bank account but on April 6, 2010 filed a petition for recall of the order holding him guilty of contempt of court. He took the plea that the order dated April 1, 2010 was based on the incorrect premise that in the reply to the contempt petition filed by him, he did not deny the allegation that he had made withdrawals from his bank account by flouting the Court s order dated September 4, 2006. He pointed out that in the reply petition, he had clearly and repeatedly said that he had not withdrawn any money from his bank account after the orders of this Court, dated September 4, 2006 and December 14, 2006 and he reiterated that statement in the petition for recall of the order.