CENTRAL BANK OF INDIA Vs. SAROJINI KUMARI

JUDGEMENT

(1.) The instant contempt petition has been filed by the applicant Central Bank of India against Smt. Sarojani Kumari alleging the wilful defiance of the order dated 5-6-91 passed by this Court in S. B. Civil Writ Petition No. 1954/1991, University of Jodhpur and others v. State of Rajasthan and others, wherein the respondent was restrained from deciding any case as a Member of the District Forum, Consumers Protection, Jodhpur District, Jodhpur, unless the meeting was convened by the learned District Judge, Jodhpur.

(2.) The facts and circumstances giving rise to this case are that the applicant bank had granted term loan and cash credit (hypothecation) facilities to M/s. Quality Condutes Private Limited, Jodhpur (hereinafter referred to as "the firm") and as there had been a dispute regarding repayment of the loan amount and the said firm failed to make payment as per the Schedule of Repayment, litigation started between the parties and in respect of the same, applicant bank was served with a notice from the District Forum, Consumers Protection, Jodhpur (hereinafter called "the Forum"), in a complaint which had been filed by the said firm and the applicant bank was directed to appear before the said Forum, on 22-1-92. A copy of the order dated 5-10-91, passed by the respondent and a copy of the complaint was also served along with the said notice. As per the said order dated 5-10-91, certain directions had been issued to the bank. The grievance of the applicant bank is that the respondent had issued the said direction vide order dated 5-10-91 in wilful defiance of the order passed by this Court on 6-5-91 in S. B. Civil Writ Petition No. 1954/1991 (Jodhpur University v. State of Rajasthan). Hence this contempt petition.

(3.) Heard Mr. P. K. Bhansali, learned counsel for the applicant. Mr. Rajesh Joshi, counsel for the alleged contemnor and Dr. S. S. Bhandawat, counsel for the State.