KULDIP SINGH Vs. COURT ON ITS OWN MOTION,

JUDGEMENT

(1.) THIS is an appeal under Section 19 (1) (a) of the Contempt of Courts Act, 1971 against the decision of the learned single Judge holding the appellant guilty of contempt of court and directing him to be detained to civil prison for a period of six months.

(2.) THE detailed facts are given in the decision of the learned single Judge and we do not intend to repeat all the details. The material facts, briefly stated, are these. The Central Bank of India (the Bank) had advanced moneys to M/s. Current Transport and Finance Pvt. Ltd. and Current Transport Service (the Company), on the hypothecation of five buses. When the Bank failed to recover the loan it filed a suit on May 26, 1972 against the Company as well as all its directors. Kuldip Singh appellant is one of the directors. The Bank also moved an application on the same day under Order 38 Rule 5 (I. A. No. 991 of 1972) praying for the attachment of the buses in question. An ex parte order was passed by a learned single Judge on July 17, 1972 restraining the defendants from transferring, alienating or parting with the possession of the said buses. Notices were also issued to the defendants. When the application came up for hearing on October 9, 1972, Mr. R. M. Gupta, Advocate, appeared on behalf of, amongst others, Kuldip Singh. The Advocate gave an undertaking that the said buses will not be alienated in any manner whatsoever until this application is heard and decided. On May 17, 1973 the court passed an interim order appointing a Receiver directing him to take into possession the five vehicles in question. The Receiver reported that Kuldip Singh appellant showed his ignorance about the whereabouts of the said buses and so he (the Receiver) could not take them into possession.

(3.) ON October 17, 1973 Kuldip Singh appellant showed his willingness to point out the buses. The Court, therefore, appointed the appellant as co -Receiver along with Mr. Prithvi Raj Sachdeva, Advocate. At the request of the appellant several opportunities were granted to him but he did not get the vehicles recovered. On November 19, 1974 a notice of contempt was issued to him.