JAI PRAKASH BENI PERSHAD Vs. RAM SARUP

JUDGEMENT

(1.) THREE petitioners, Jai Parkash, Ram Krishan and Ram Gopal have presented this petition under Section 3 of the Contempt of Courts Act, praying that suitable action should be taken against respondents 1 to 9 who are alleged to have committed contempt of Court of Shri Om Parkash Aggarwal, Sub-Judge I Class, jagadhri. The first petitioner and his three brothers were engaged in business at jagadhri which they were carrying on in partnership in two firm names, i. e. , messrs. Massadi Mal Fateh Chand and Messrs. Parkash Metal Industries. The former partnership dealt in purchase and sale of non-ferrous metals while the latter used to manufacture utensils. On 22-7-1957, Rajinder Kumar one of the partners, sued the other partners and sought dissolution of the partnership and rendition of accounts. The suit was pending in the Court of Sub-Judge First Class, Jagadhri, Shri Om Parkash aggarwal, arid on an application having been made by the plaintiff under Order 40, Rule 1, Civil Procedure Code, the Civil Court appointed petitioners 1 and 2 as joint receivers by its order dated 2-8-1957. The joint receivers were required to carry on the business of partnership for the time being and to submit their reports as to its working.

(2.) ON 12-8-1957, petitioner No. 2 submitted a report to the Court that in view of the acute labour trouble it was not possible to carry on the business or manufacturing. The parries agreed before the civil Court that the business of manufacturing the utensils should not be continued and it was ordered on 13-81957, that the manufacturing business should be stopped. The joint receivers were nevertheless required to carry on the other business of the partnership for the benefit of the parties. It is then stated that the factory of "parkash Metal Industries" was consequently closed and the services of the employees of the factory were terminated with effect from 19 hours of 13-8-1957. It is stated in the petition, that it was notified, that the employees could receive their legal dues from the receivers and the statements of the dues of every one of the employees were exhibited at the main gate of the factory, and that out of the total number of 140 employees, there were 56 who did not accept the dues tendered to them, whereas, the others did. These 56 started causing obstruction. In view of their obstructionist conduct towards the receivers, the joint receivers made a report to the above effect to the Court. On 10-10-1957, they reported that they were unable to carry out the duties cast on them and there were lying in the factory law, finished and unfinished goods weighing about 2500 maunds, which they wanted to dispose of for the last 1 1/2 month, hut were being prevented from doing so by the employees. The civil Court was approached with a request to appoint some Court official to assist the joint receivers in taking out the goods from the factory. It was also stated that respondents 1, 2 and 3 played principal part in preventing the receivers from removing the goods.

(3.) ON 10-10-1957, on an application made by the plaintiff to the Court, Jai parkash petitioner No. 1 was relieved from receivership and by order dated 14-101957, petitioner No. 3 was made a joint receiver along with petitioner No. 2. An application was made that with a view to enable them to carry out their duties and to take charge of the property and the records of the partnership, a Court official may be appointed in whose presence that may be done. It was stated that the employees had pitched a tent outside the outer gate of the factory with a view to obstruct ingress and egress. The Court being satisfied with the request made, asked the Nath Nazir to help petitioner No. 3, Ram Gopal, some of the records were removed with the assistance of the Naib Nazir and they were put in a room in the residential house of petitioner No. 1. Both the receivers put their respective locks on the door of the room containing records.