NEPC TEXTILES LIMITED Vs. STATE INDUSTRIES PROMOTION

JUDGEMENT

(1.) THE above contempt petition has been filed praying that this Court may be pleased to punish the respondents for willfully disobeying the order, passed by this Court, on 21.9.2004, in O.A.No.373 of 2004 in C.S.No.370 of 2004.

(2.) IT is stated on behalf of the petitioner Company that a Civil Suit in C.S.No.370 of 2004, had been filed before this Court seeking for the relief of declaration that the notice, dated 12.4.2004, issued by the defendant therein as null and void and for a consequential order of permanent injunction restraining the defendants from taking any action pursuant to the notice, including taking possession of the mortgaged assets, namely, the three wind mills located at Survey Nos.988/1, 989/1,3, & 4 and 999 measuring 11.37 acres in Radhapuram Taluk, Tirunelveli District, under the provisions of The State Financial Corporation Act.

(3.) PURSUANT to the order passed by this Court, the petitioner had made payment of the amounts without any default. A sum of Rs.30,00,000/- has been remitted, apart from the other amounts remitted, as per the order passed by this Court. While so, the respondents had brought the property in question for sale by auction by inviting tenders by an advertisement of the tender notification, fixing the date for receipt of offers as 7.3.2005. Thus, the petitioner has been constrained to file the present contempt petition alleging that the respondents had committed contempt of Court by willfully disobeying the orders passed by this Court, on 21.9.2004.