CHHAGANLAL MITTAL Vs. MOHANLAL MITTAL

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order of Roy Chowdhury Judge dated June 13, 1977 made in an application for contempt of Court.

(2.) NO Rule nisi for contempt was issued. It appears that at the very initial stage on behalf of the contemner an unconditional apology was tendered to Court, for having produced in Court, at the hearing of the matter, a wrong copy of the minutes of the meeting dated 15th January 1977, the language whereof was different from the admittedly correct copy thereof which wag also produced before the Court. Thereafter it was submitted that it was through a bona fide mistake and inadvertence that the incorrect copy was produced before the Court. Such incorrect copy was directed to be kept in the record of this matter.

(3.) IT is contended by Mr. S.B. Mukharjee appearing for the contemnor that actually his client, the alleged contemnor, expressed sorrow and regret for having produced and for handing over to Court the incorrect copy through mistake and inadvertence. It was expected that on the basis of such expression of sorrow and regret the court would exonera'e the alleged contemnor of his guilt. But instead, after the judgment was delivered it was found that his client has been held guilty of contempt of Court and on that basis his apology has been accepted. When the judgment was delivered it was found that the alleged contemnor was directed to pay costs which was assessed at 30 gold mohurs and thereby the alleged contemnor felt aggrieved and hence preferred this appeal. It is contended that although the matter was argued at length on behalf of both the parties still the learned Judge simply recorded the apology and made the order holding the appellant guilty of contempt of Court. The learned Judge did not consider the other points urged on behalf of the appellant.