SRI RAM KRISHNA PANDEY Vs. STATE

JUDGEMENT

(1.) THIS disposes of suo motu contempt, proceeding initiated under Article 215 of the Constitution of India read with the provisions of the Contempt of Courts Act 1971 (hereinafter referred to as the 'Act'), against Ram Krishna Pandey, Executive President, and M.P. Dhandhania, Director, both of Eastern Sugar Industries Limited (hereinafter referred to as the 'Company'), for the alleged refusal and/or failure on their part to carry out the undertakings to this Court.

(2.) THE circumstances leading to initiation of the present proceeding are indicated hereinafter. THE company had filed MJC No. 3800 of 2000, inter alia, with the prayer to permit payment of cane price to the cane growers for the period 1999-2000, as per a convenient schedule submitted by them. THE proposed schedule of payment was approved by order dated 5.1.2001, passed in the said MJC No. 3800 of 2000, and is set out hereinbelow : _____________________________________________________________________________ Rs. in Lakhs _____________________________________________________________________________ Upto 28th February, 2001 20.00 Upto 31st March, 2001 20.00 Upto 30th April, 2001 20.00 Upto 10th May, 2001 20.00 Upto 30th June, 2001 20.00 Upto 31st July, 2001 20.00 Upto 31st August, 2001 20.00 Upto 30th September, 2001 20.00 Upto 30th November, 2001 20.00 Upto 30th December, 2001 the balance _______________________________________________________________________________ Total 200.00 (2 crores approximate) _______________________________________________________________________________ THE matter was again taken up on 21.6.2001, on which date the company filed affidavit showing payment of instalments up to 31.7.2001. THE remaining instalments were not paid upto July 2003 in spite of repeated opportunities given to the Company. By order dated 21.7.2003, the company was granted four weeks time to file affidavit personally sworn by the General Manager of the Unit reporting compliance of the undertaking given to this Court. THE Company deputed R.K. Pandey to appear in Court on 15.9.2003, but did not file the requisite affidavit. THErefore, contempt proceedings were initiated against the company and R.K. Pandey by order dated 15.9.2003, indicating the charge that "such action on the part of the petitioner company and its functionaries is prima facie in disobedience of the order of this Court." He was on that date sent to civil prison. By order dated 17.9.2003, the Managing Director of the company was directed to report compliance of the undertaking and be present in Court on 23.9.2003. B.K. Nopani, one of the Directors of the company filed affidavit in the capacity of Director in-charge of the company so deputed, acknowledged the dues but did not appear in Court. THE undertaking was not carried out.

(3.) MR. V.N. Sinha, the learned Government Pleader No. IX, has submitted that a clear case of wilful violation of their undertakings to, and disobedience of the orders, of this Court has been made out.