MAHARANI KAMSUNDARI Vs. DURGANAND JHA

JUDGEMENT

(1.) This application has been made against the respondents for committing them to prison or visiting them with such punishment as this Court may think proper on account of violation of court's order of injunction restraining the respondents from selling, disposing of, transferring or in any way encumbering any of the assets of the Estate and from incurring any liability until further orders. This order was passed in an appeal for the removal of the trustees from their offices on 22nd June 1979 and thereafter confirmed in the presence of the parties.

(2.) At the material time after the said order of injunction was in force the trustee-respondents sold a metergauge saloon as also a shed belonging to the Darbhanga Rai Estate.

(3.) Mr. J.N. Roy appearing on behalf of the trustees admitted that such sale was made but the same, according to him was not made in a contumacious disobedience of the order of the Court. The said sale was made to avoid waste and inasmuch the said properties could not be maintained or protected by the trustees. Mr. Roy tendered unconditional apology for the said sale made by the trustees without knowing the implication of violating the order of the Court. The said sale, according to Mr. Roy, was made bona fide for the purpose stated hereinbefore. Mr. Roy tendered unqualified apology on behalf of the trustee-respondents.