JAYANTILAL HIRALAL AND CO Vs. WAMAN NARAYEN VELINKAR

JUDGEMENT

(1.) This is a notice of motion dated December 11, 1931, on behalf of the defendants to the suit for an order that Bhagwandas Maganbhai, the respondent, should be committed to jail for contempt of the Courts order dated October 16, 1931.

(2.) Mr. Engineer, who appears for the defendants, has sought to go into the previous history of the matters which led up to the passing of the order of October 16, 1931. In my opinion, it is quite unnecessary for the proper determination of this notice of motion to go into such matters and on the authority of Navivahoo V/s. Narotamdas Candas (1882) I.L.R. 7 Bom. 5, to which the Advocate General who appears for the respondent was good enough to draw my attention, I also think that it is improper.

(3.) The order of October 16, 1931, was a consent order made on hearing the attorneys for the plaintiffs, the attorneys for the defendants, and the attorneys for the respondent, who had acted as a receiver in the suit. By that consent order the respondent was ordered to pay to defendant No. 4, as the present receiver in the suit, the sum of Rs. 16,500 due and payable by the respondent as receiver of the estate of Bai Sonabai Bapu Velinkar mentioned in the plaint. That sum was by the order directed to be paid in the following manner, namely, Rs. 2,000 on or before October 22, 1931, a further sum of Rs. 2,000 on or before October 29, 1931, and the balance within five months from the date of the order. It was further provided by consent that the plaintiffs undertook to pay the said sum of Rs. 16,500 payable by the respondent from their share in the estate if the respondent failed to pay the same within five months from the date of the order. It was also ordered that if the sum of Rs. 16,600 was not paid by the respondent within five months from the date of the order, he should pay interest at the rate of seven per cent. per annum from that date till payment on such sum as might then remain due.