SHRIRAM TRANSPORT FINANCE CO. LTD Vs. BHARTI MAGOO

JUDGEMENT

(1.) This is a batch of 33 contempt petitions filed by the original petitioner-Shriram Transport Finance Co. Ltd. contending that the order dtd. 7/3/2022 passed by this Court disposing of the above Sec. 9 petitions has been intentionally breached by the respondents/ contemnors and more particularly the directions as contained in paragraph 9 whereby a statement on behalf of the respondents was recorded by the Court that the respondents / contemnors shall within a period of two weeks from the date of the said order bring the vehicles to the depots of the petitioner and such statement was accepted as an undertaking to the Court. Paragraph 9 of the said order is required to be noted which reads thus:-

(2.) It is submitted by Mr.Daver that the directions as contained in paragraph 11(iv) in respect of the amounts which were received by the respondents-contemnors from the IOCL, in such regard a statement made on behalf of the respondents-contemnors came to be recorded that the respondents have agreed that the proportionate amount qua the 33 vehicles after the permissible adjustment under the contract with IOCL, shall be deposited with the petitioners within a period of two weeks from the date of the said order. The said statement made before the Court was accepted. The said directions read thus:-

(3.) Mr. Daver, learned counsel for the petitioner has contended that the respondents despite the said solemn assurances as made and recorded in paragraph 9 of the said order, have failed to bring the said vehicles to the depots of the petitioner and accordingly, they have avoided the further action to be taken in respect to the said vehicles, as observed by the Court. As also there was an intentional disobedience of the further direction to bring the amount as recorded in paragraph 11(iv) of the said order.