Ensure compliance of directions or face contempt: DB

By
Daily Excelsior
-

Excelsior Correspondent
JAMMU, Nov 11: In the Public Interest Litigation (PIL) filed by Welfare Association of Share Holders of Sheen Finance and Investment (India), Sheen Agro Plantation Ltd and Sheen Road Links Limited, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Tashi Rabstan today directed members of company to comply with the directions or face contempt of court.
“On October 8, 2014 this court had taken serious note of the report filed by the Court Liquidator that the respondents were not cooperating with the Chartered Accountant to complete the Audits and submit the report”, the DB observed, adding accordingly necessary directions were issued but the Court Liquidator in his report dated October 31, 2014 again pointed out non-cooperation and sought necessary orders to avoid any delay”.
“It is appropriate to notice that the present proceedings have been initiated by those persons who have made investment in the company and the same has changed hands in the family and close relations. All the respondents are trying to delay the proceedings for obvious reasons. The undertaking given to this court in order dated 08.10.2014 has been violated and there is no justification forthcoming for such violation”, the DB said.
“This attitude constitutes contempt within the meaning of Section 2(b) of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India. Ordinarily, we would have proceeded by issuing notice. However, keeping in view the assurance and the undertaking given by counsels, the respondents are directed to appear before CA on November 13 and 14 and thereafter as and when required by the Chartered Accountant or the Court Liquidator”, the DB said.
While granting one more opportunity to these respondents to comply with order dated October 8, 2014, the DB made it clear that in case of further non-compliance necessary proceedings under the Contempt of Court Act read with Article 215 of the Constitution would be initiated.

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