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2022 (7) TMI 568 - SC - Indian LawsWilful breach of orders - Allegation of wilful, intentional and deliberate disobedience of the directions issued by this Court - non-deposit of shortfall amount so as to maintain a balance of USD 60 million in the Corporation Bank account maintained by Avitel Post Studioz Limited - resisting the present contempt proceedings, namely, the order passed by the learned Single Judge by the High Court by which the respondents were directed to maintain a balance of USD 60 million in their Corporation Bank account is executable - HELD THAT:- It is required to be noted that in the present proceedings it is not the case of noncompliance of the order passed by the learned Single Judge confirmed by this Court alone. There is a further specific direction issued by this Court vide order dated 06.05.2021. Therefore, there is a noncompliance of direction issued by this Court dated 06.05.2021 by which the respondents were directed to deposit the shortfall amount so as to maintain a balance of USD 60 million. That thereafter, a further application for exemption from depositing the shortfall amount pursuant to order dated 06.05.2021 has also been dismissed by this Court. Therefore, thereafter it shall not be open for the respondents to submit that as order dated 22.01.2014 passed by the learned Single Judge is executable, the present contempt proceedings may not be entertained. Taking into consideration the earlier decisions of this Court in the cases of RITA MARKANDEY VERSUS SURJIT SINGH ARORA [1996 (9) TMI 641 - SUPREME COURT] and BANK OF BARODA VERSUS SADRUDDIN HASAN DAYA AND ORS. [2003 (12) TMI 665 - SUPREME COURT], it is specifically observed and held by this Court that the petitioner can execute the decree can have no bearing on the contempt committed by the respondents. The respondents guilty for deliberate and wilful disobedience of judgment and order dated 19.08.2020 passed by this Court in Civil Appeal No. 5158/2016 as well as order dated 06.05.2021 passed by this Court in the present petition. The respondents have rendered themselves liable for suitable punishment under the provisions of the Contempt of Courts Act for such deliberate and wilful disobedience - Put up the matter before this Bench on 12.08.2022 for further order on punishment.
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