Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3765 OF 2006
DHIREN DAVE APPELLANT
VERSUS
M/S. SURAT DYES & ORS. RESPONDENTS
J U D G M E N T
KURIAN,J.
1. The appellant is aggrieved by the order passed by the
Company Judge directing prosecution of the appellant for the
offence punishable under Section 195 of the Code of Criminal
Procedure, 1973, initiating proceedings for contempt under
the Contempt of Courts Act, 1971 and also directing
initiation of appropriate action under Section 21 of the
JUDGMENT
Company Secretaries Act, 1980, if required.
2. During the course of hearing before this Court on
06.01.2016, the appellant sought permission to file an
affidavit tendering unconditional apology for the unwitting
conduct of filing the affidavit in the Review Petition
before the Company Court, copy of which is marked as
Annexure P-3.
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3. In the affidavit dated 08.1.2016 filed by the
appellant it is stated as under:
“ 2.That the deponent hereby deeply regrets and most
humbly tenders unconditional and unqualified apology
to this Hon'ble Court for filing affidavit dated
01.07.2004 in O.J. Appeal NO.30 of 2004 before the
Hon'ble High Court of Gujarat at Ahmedabad.
3. That it is submitted with greatest humility that
I have always had the deepest and highest regard for
this Hon'ble Court and the Hon'ble High Court of
Gujarat at Ahmeadabad and have made a mistake in
filing the said affidavit for which the deponent
once again regrets and humbly tenders unqualified
apology for the same.
4. That the deponent holds this Hon'ble Court in
great respect and esteem and prays to this Hon'ble
Court to graciously be pleased to accept the humble
apology and exonerate the deponent from the purview
of the contempt proceedings, for the offence
punishable under Section-195 of the Code of Criminal
Procedure, 1973 for committing an offence relating
to submission of the false documents and from the
directions of the Hon'ble High Court of Gujarat at
Ahmedabad to the Council of the Institute of Company
Secretaries of India, constituted under the Company
Secretaries Act, 1980, to initiate appropriate
action under Section 21 of the Company Secretaries
Act.
5. It is respectfully submitted that the Deponent is
a Company Secretary registered with the Council of
the Institute of Company Secretaries of India.
Petitioner is in the profession since 1996 and all
along had an unblemished career. That the deponent
never had intention to show any disrespect or
dishonour to this Hon'ble Court of the Hon'ble High
Court of Gujarat at Ahmedabad. The wrong averments
in the said affidavit was unintentional, and under
the foregoing circumstances the deponent humbly begs
to be pardoned for the same.”
JUDGMENT
4. Having gone through the affidavit and having seen the
apology thus tendered therein , we are of the view that the
proceedings under the Contempt of Courts Act are only to be
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dropped. If that is so, it would be unjust to permit other
proceedings under Section 195 of the Criminal Procedure Code
or under Section 21 of the Company Secretaries Act,1980 to
continue in view of the affidavit we permitted him to file
before this Court.
5. Therefore, all the three proposed actions against the
appellant are set aside, accepting the unconditional apology
tendered by him.
6. The appellant shall not indulge in any such adventures
in future.
7. The appeal is allowed as above with no order as to costs.
......................J.
[KURIAN JOSEPH]
JUDGMENT
......................J.
[ROHINTON FALI NARIMAN
NEW DELHI;
JANUARY 21 2016
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