Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Contempt of Court:Contempt Petition – Maintainability of – Petition alleging noncomplianceof order dated 17.05.2018 passed by Supreme Court –Objection to maintainability of the petition on the ground that onaccount of non-jointer of necessary parties and on account of othercircumstances full facts were not placed before the Court when theorder dated 17.05.2018 was passed – Held: In absence of keystakeholders, full perspective of the matter was not presented beforethe Court – To prevent miscarriage of justice order dated 17.05.2018is recalled and hence contempt petition for non-compliance of orderdated 17.05.2018, does not survive.‘Super Bazar’ a multi-State Cooperative Society incurredhuge losses and was unable to discharge its liabilities towards itsstakeholders. ‘Super Bazar’ went into liquidation. Order ofliquidation was challenged by employees’ Union before HighCourt. When the matter reached Supreme Court, the Court inorder to obviate the order of winding up in the interest of all thestakeholders, directed a revival scheme under its supervision.Under the revival plan ‘WPL’ invested Rs. 504 crores. But norevival took place. Therefore, this Court giving effect to theprocess of terminating the arrangement for revival, directedrefund of entire investment made by WPL with interest @ 6%p.a. subject to profit during arrangement period. Such deductionswere to be made after verification by an auditor nominated byComptroller and Auditor General (CAG). Official Liquidator was directed to proceed with the process of liquidation only afterdischarging the liability of WPL. CAG submitted its report. WPLraised objections to the report. Contempt proceedings wereinitiated by WPL against Official Liquidator, wherein this Courtby order dated 17.5.2018 disposed of the petition holding thatWPL was entitled to interest @ 6% p.a. on the entire investmentand that losses accrued not as a result of business were notrequired to be deducted. Official Liquidator released Rs. 35crores to WPL. Another Contempt Petition was filed by WPLalleging non-compliance of order dated 17.5.2018 as refund ofentire investment along with interest had not been made. Unionof India filed Interlocutory Application (IA) in the ContemptPetition contending that the order dated 17.5.2018 needed to berecalled as that Contempt Petition in which the order dated17.5.2018 was passed was not maintainable because due tonon-jointer of necessary parties (CAG and UOI), full facts couldnot be brought to the attention of the Court. FurtherMiscellaneous Applications and Contempt Petition were filed byother stakeholders.Dismissing the Contempt Petition (Civil) Nos.1207-1208of 2018 and disposing of the IA No. 125885 in Contempt Petition(Civil) Nos. 1207-1208 of 2018, the Court |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 894 |
Petitioner | Super Bazar Karamchari Dalit Sangh And Ors. |
Respondent | Union Of India And Ors. |
SCR | [2018] 13 S.C.R. 428 |
Judgement Date | 2018-09-26 |
Case Number | 8398 |
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