W A DSOUZA Vs. GEOFFREY K FRANCIS

JUDGEMENT

(1.) HEARD Mr. N. D. Bahety, learned counsel for the appellant. There is no appearance on behalf of the respondent. Yesterday, when the matter was taken up for hearing, learned counsel for the respondent was also absent.

(2.) THE present appeal has been filed under Clause 15 of letters Patent against a part of the order dated 22. 04. 2003 in Contempt petition No. 69 of 2003. Such Contempt Application had been filed by the present appellant alleging that the respondent in the contempt petition (respondent in the present appeal) had violated the Courts order of interim injunction. Learned Single Judge came to the conclusion that the order of the court had been violated, but in view of the apology tendered by the respondent, it was observed that there was no further action required in the contempt proceeding. THE learned Single Judge in paragraphs 10 and 11, has observed as follows: "10. It is seen from the records that the Indian Missionary society, who had given the cheque for Rs. 30 ,00 /- is now seeking refund of the amount. Now this amount is available only with the friend-In-Need Society and it is the duty of the present office bearer to return the same. THE respondent is no longer an officer bearer of the society. Moreover, he is not in possession of the amount. Hence, the office bearers of the Society are directed to return the sum of Rs. 30 ,000 /-to the third party forthwith. 11. For the reasons stated above, the unconditional apology tendered by the respondent is accepted and further action is dropped. THE officer Bearers of the Friend-In-Need Society are directed to return the sum of rs. 30 ,000 /- to the third party within one week from today. THE Contempt Petition is closed. "