LAWS(SC)-2024-12-40

CELIR LLP Vs. MR. SUMATI PRASAD BAFNA

Decided On December 13, 2024
Celir Llp Appellant
V/S
Mr. Sumati Prasad Bafna Respondents

JUDGEMENT

(1.) Since the issues raised in both the captioned petitions are same and the parties are also the same, they were taken up for hearing analogously and are being disposed of by this common judgment and order.

(2.) The present petitions have been filed under Sec. 2(B) of the Contempt of Court Act, 1971 (for short, the "Act, 1971") read with Article(s) 129 and 142(2) of the Constitution respectively seeking to initiate contempt proceedings against the respondents / alleged contemnors for wilful disobedience of the final judgment and order dtd. 21/9/2023 passed by this Court in Civil Appeal Nos. 5542-5543 of 2023 respectively captioned as 'Celir LLP v. Bafna Motors (Mumbai)'.

(3.) For the sake of convenience, we clarify that the petitioner herein is the successful auction purchaser, the respondent no. 1, Mr. Sumati Prasad Bafna is the original borrower (hereinafter referred to as the 'Original Borrower'), the respondent no. 4 'Greenscape IT Park LLP' and its director, Mr. Jayesh A. Vavia i.e., the respondent no. 2 herein are the subsequent transferee / thirdparty purchaser (hereinafter referred to as the 'Subsequent Transferee') and the respondent no. 3, 'Union Bank of India' is the secured creditor / bank (hereinafter referred to as the 'Bank').