Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 831 OF 2017
[ @ SPECIAL LEAVE PETITION NO. 1739 OF 2017 ]
AGYAPAUL SINGH Appellant(s)
VERSUS
STATE BANK OF INDIA (SAMB) Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. In the peculiar facts of this case, it is not
necessary to issue notice to the respondent.
3. The appellant is aggrieved by the impugned order
dated 23.12.2016 passed by the High Court of Punjab
and Haryana in COCP No. 2084 of 2016. According to
JUDGMENT
the High Court, the appellant is to be proceeded
against for violating the order dated 01.06.2016
passed by the High Court. The order dated 01.06.2016
reads as follows :-
“The petition is allowed to be
withdrawn with liberty to avail the
alternate remedy under the
Securitization and Reconstruction of
Financial Assets and Enforcement of
Security Interest Act, 2002 (in short
SARFAESI Act).
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2. The only concession that we are
inclined to grant to the petitioners an
opportunity to make an application for
interim reliefs before the Debts
Recovery Tribunal. For this purpose
alone we direct the bank not to encash
the cheque dated 25.06.2016 till
25.07.2016 and further direct that the
District Magistrate, Ludhiana shall
adjourn the hearing of the application
under Section 14 of the SARFAESI Act
till 31.07.2016. This is in view of the
express undertaking given to the Court
that the cheque will be honoured upon
presentation on or after 25.07.2016.”
4. It is not in dispute that a cheque for an amount
of Rs. 7.5 crores (Rupees Seven Crores and Fifty
Lakhs) presented to the bank was dishonoured. It is
the case of the appellant that only on this fact, he
is not liable to be proceeded with in proceedings for
JUDGMENT
Contempt of Court Act. If only there is a willful
disobedience, the appellant may be punished.
5. Whether there is a willful or deliberate
disobedience of the order passed by the Court is
something to be seen from the reply filed by the
appellant to the show cause notice. Even before
issuing show cause, we find that the High Court has
entered a satisfaction that “.....this court is not
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inclined to accept the prayer (to file reply) as this
court finds prima facie that contempt of court has
been committed.”
6. In that view of the matter, we set aside the
impugned order passed by the High Court. The High
Court shall grant an opportunity to the appellant to
file his reply and on the reply being filed, the
appellant may be heard and only thereafter, the High
Court may form an opinion as to whether the court
should proceed against the appellant for Contempt of
Court.
7. In the light of what we have stated above, we
request the High Court not to insist upon the
personal presence of the appellant till the Court
passes appropriate orders in the light of the reply
JUDGMENT
furnished by the appellant.
8. In view of the above, the appeal is disposed of.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ A. M. KHANWILKAR ]
New Delhi;
January 23, 2017.
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