SEETHARAMI REDDY Vs. JOSEPH VILANGADHAN

JUDGEMENT

(1.) THIS is an application filed under Sec. 2 (c) read with sec. 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as'the act') to punish the Respondent for abusing the process of the court by misrepresentation and suppression of the fact of filing the writ petitions in the High Court in the suit filed before the City Civil Court Judge, in respect of the very same subject matter.

(2.) ON the notice being issued, the respondent had put in appearance through a counsel and filed a counter-affidavit. Therefore, the matter was heard at great length and came to be adjourned to today for further hearing. Today, the respondent has filed an additional counter-affidavit stating the background in which the suit came to be filed before the City Civil Court , and further, tendering an unconditional apol- ogy-

(3.) WE have already pointed out that unconditional apology, in the facts and circumstances of the case, cannot be held to be a bona fide one and as such it cannot at all be accepted. Accordingly, we hold that the respondent is guilty of contempt of court falling in the category of criminal contempt.