NIMBIT BUILDCON PVT LTD. Vs. MALINI SEHGAL

JUDGEMENT

(1.) The present petitions have been filed by the petitioner herein under Ss. 10, 11 and 12 of the Contempt of Courts Act, 1971 'CC Act' seeking initiation of contempt proceedings against the respondents in the above-captioned matters, who are all signatories to the Settlement Agreement/Memorandum of Understanding ['MOU"] dtd. 27/5/2013, for reneging from the undertakings contained in the said MOU, thereby committing wilful and deliberate breach of the directions of this Court.

(2.) The petitioner i.e., M/s Nimbit Buildcon Private Limited (formerly known as M/s Mohan Built and Developers Private Limited) along with M/s Jaishree Baba Projects and M/s Jagat Overseas, had extended financial assistance in the sum of Rupees 36.50 crores to M/s Kent Properties Private Limited, allegedly on the authorised representation of two of the respondents herein, namely Mr. MM Sehgal and Mrs. Anjali Sehgal.

(3.) It is pertinent to mention here that the respondents herein are family members. Mrs. Anjali Sehgal, director of M/s Kent Properties Private Limited, is the wife of Mr. MM Sehgal. Ms. Malini Sehgal and Ms. Malvika Kaura are their two daughters who are also the directors of M/s Kent Properties Private Limited. It is brought on record that Mrs. Anjali Sehgal has since expired, and therefore, the CONT.CAS(C) 496/2019 becomes infructuous. In so far as respondent/contemnor Mr. MM Sehgal is concerned, he is now stated to be completely bed ridden at the age of 85 years. Apparently, the said respondent-family owns several other companies including M/s Sehgal Papers Private Limited and M/s Three M Properties Private Limited.