M/S Fuel Corporation Of India Thru ... vs Yogendra Kumar Jhunjhunwala ...
2022 Latest Caselaw 1756 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 418 of 2015
 

 
Applicant :- M/S Fuel Corporation Of India Thru Its General Manager
 
Opposite Party :- Yogendra Kumar Jhunjhunwala Chairman And Director And Another
 
Counsel for Applicant :- Avadhesh Kumar Singh
 
Counsel for Opposite Party :- Manish Kumar,Atul Kumar Dwivedi
 

 
Hon'ble Irshad Ali,J.

1. No-one has put in appearance on behalf of applicant, however, Sri Atul Kumar Dwivedi, learned standing counsel for respondent is present.

2. Learned counsel for respondent raised preliminary objection in regard to maintainability of the contempt application against an order passed in company appeal matter.

3. This contempt application has been filed by the Power of Attorney of M/S Fuel Corporation of India, 926A, Fulwanti Palace, Deshpande Layout, Central Avenue, Nagpur. The contempt application arising out of judgment and order dated 04.01.2013 passed on the settlement arrived at mediation and conciliation center on reference made vide order dated 21.11.2011 passed in company appeal No.1 of 2011. Its implementation was stayed vide order dated 08.08.2013 passed in Special Leave Petition (SLP Civil) CC No.13702 of 2013 filed by Ashok Kumar and others but its renumbered as SLP (C) No.26248-26249 of 2013 has been dismissed vide judgment and order dated 07.05.2014.

4. After dismissal of SLP by Hon'ble Supreme Court on 07.05.2014, the petitioner filed present contempt application for wilful and deliberate disobedience of settlement arrived from judgment and order dated 04.01.2013 passed on settlement arrived at mediation and conciliation center on 03.07.2012 on reference vide order dated 21.11.2011 passed in company appeal No.1 of 2011.

5. In support of preliminary objection raised, learned standing counsel placed reliance upon a judgment passed in Special Appeal No.181 of 2015; Arun Kumar Tiwari and another 1122 (Cont) 2014 Vs. Rajesh Pandey and others decided on 13.05.2015 and submitted that the division bench of this Court held that the contempt proceeding against judgment and order passed in mediation and conciliation in company matters is not maintainable.

5. In view of above, I am of considered opinion that the judgment and order relied upon by learned counsel for respondent is fully applicable to the facts and circumstances of present case.

6. Accordingly, the contempt application is dismissed as not maintainable.

Order Date :- 28.4.2022

Adarsh K Singh