Ltd. Vs. Triumph I.National Finance India Ltd & Ors  INSC 1021 (11
JURISDICTION CIVIL APPEAL NO.3479 OF 2009 (Arising out of S.L.P. (C) No.24664
of 2005) European Investment Limited ...Appellant(s) Versus Triumph
International National Finance India Ltd. & Ors. ...Respondent(s)
O R D E R
By an order dated 5th
March, 2004 passed in Contempt Petition No.88 of 2002, the learned Single Judge
held respondent Nos.1-4 herein guilty of contempt of court on the premise that
they willfully violated the undertaking given to the Court on 29th January, 2002
in Summary Suit No.3846 of 2001 and willfully disobeyed the order passed
thereon and sentenced them to pay fine of Rupees two thousand and directed them
to pay entire dues within a period of twelve weeks, failing which they were
required to undergo civil imprisonment for a period of two months. Against the
said order, when the matter was taken in appeal, the Division Bench of the High
Court, while entertaining the appeal, passed an interim order dated 10th May,
2004, which was modified by the impugned order dated 20th July, 2005 and a
direction was issued that interim order dated 10th May, 2004 shall remain
operative subject to the certain conditions. Against the said order, the
present appeal has been filed.
Having heard learned
counsel for the parties and perused the records, we are of the view that it was
not a fit case in which the Division Bench should have passed interim orders in
favour of the respondents ignoring the fact that they had consented to the
order passed by the learned Single Judge in the summary suit.
The civil appeal is,
accordingly, allowed and impugned order passed by the High Court is set aside.
We may, however, observe that this order shall not in any manner affect the
case of the respondents in appeal.
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