VIJAY KUMAR BHATIA Vs. SOM DATT ENTERPRISES LTD

JUDGEMENT

(1.) This appeal is directed against an order dated 28th November 2016 passed by the learned Sigle Judge in CCP (O) No. 146 of 1997 holding the Appellant guilty of civil contempt under Section 12 of the Contempt of Courts Act 1971 ("Act") and sentencing him to three months' simple imprisonment.

(2.) The background to the present appeal is that the Respondent filed a Suit No. 2482/1995 against Vijay Cable Industries, Mr. V.K. Bhatia, Mr. V.K. Bhatia & Sons (HUF) and Mr. T.K Bhatia for recovery of the monies due to it. In the said suit, an application under Order 23 Rule 3 CPC being IA No. 2872/1996 was filed. The said application referred to an agreement dated 24th July, 1997 between the parties. This agreement was between the Respondent Decree Holder (DH) and Vijay Cable Industries, a partnership firm represented by the present Appellant Mr. V.K. Bhatia as partner. One Priya Cable Pvt. Ltd., against whom the suit was not filed, was also made a party to this agreement.

(3.) Apparently, with regard to the decision of the executing Court holding that the proceedings in so far as Priya Cable Pvt. Ltd were not maintainable, the DH, i.e. the Respondent herein, had filed EFA No. 2033/2016 which came to be disposed of by an order dated 21st December, 2017 by the Division Bench (DB) of this Court. Since that is not immediately relevant for the present appeal, it need not be discussed further.