Karnataka High Court
High Court Of Karnataka vs Sri Gopal Ram on 11 January, 2022
Bench: B.Veerappa, M G Uma
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON'BLE Mrs. JUSTICE M.G. UMA
CRL.C.C.C.No.2/2020
BETWEEN:
HIGH COURT OF KARNATAKA,
REPRESENTED BY THE
REGISTRAR GENERAL,
BENGALURU - 560 001.
...COMPLAINANT
(BY SRI. V.S. HEGDE - SPP II)
AND:
1. SRI GOPAL RAM,
2. SRI VENKATRAMAN SUNDAR,
3. SRI G.C. SOMADASS,
ALL ARE DIRECTORS OF OPTO CIRCUITS INDIA LTD.
HAVING ITS REGD OFFICE AT PLOT NO.83,
1ST FLOOR, ELECTRONICS CITY,
BENGALURU - 560 100,
2
AND / OR
EUROCOR ASIA SDN BHD, NO.4, JALAN MEGA,
1/9, TAMAN PERINDUSTRIAN NUSA CEMERLANG,
79200 NUSAJAYA, JOHAR, MALAYSIA
(SERVICE AGENT OF M/S OPTO CIRCUITS INDIA LTD.)
...ACCUSED
(BY SRI. KIRAN .J., ADV. FOR A1, A2
SRI SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR
SRI. SANDESH SHETTY .T., ADVOCATE FOR A3)
****
THIS CRIMINAL CONTEMPT CASE FILED UNDER SECTION 15 OF
THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA BY THE ADVOCATE FOR THE COMPLAINANT
PRAYING TO INITIATE (SUO-MOTU) CRIMINAL CONTEMPT OF COURT
PROCEEDINGS AGAINST THE ACCUSED HEREIN THAT IS 1) SRI.GOPAL
RAM, 2) SRI.VENKATARAMAN SUNDAR, AND 3) SRI.G.C.SOMADASS, OF
THE COMPANY OPTO CIRCUITS INDIA LTD., UNDER THE CONTEMPT OF
COURTS ACT, 1971 AND TO PUNISH THEM IN ACCORDANCE OF LAW.
THIS CRIMINAL CONTEMPT CASE COMING ON FOR ORDERS THIS
DAY, B.VEERAPPA J., MADE THE FOLLOWING:
3
ORDER
The present Suo-motu contempt proceedings initiated by the
Registrar General, High Court of Karnataka to take action against
accused persons under the provisions of the Contempt of Courts
Act, 1971, for willful disobedience of interim order passed by the
learned Single Judge dated 14.06.2019 made in
C.O.P.No.297/2015, wherein the learned Single Judge has observed
that it is clear that despite the order passed by this Court on
24.11.2017 directing winding up of the respondent company in COP
No.273/2014 c/w COP No.124/2014, the same is suppressed by the
respondent-company as well as the learned counsel for the
respondent-company while adjudicating the dispute in the present
company petition No.297/2015. The conduct of the respondent-
company is highly deplorable and requires to be condemned. It is
nothing but sheer disregard to the Court in particular and judiciary
in general. Thereby, it is a classic case to initiate suo moto
contempt proceedings against the respondent-company represented
by the Directors i.e., Sri. Gopal Ram, Sri. Venkataraman Sundar
and Sri. G.C. Somadass, the accused persons herein.
2. In response to the notice issued, the accused persons
filed joint affidavit seeking unconditional apology before this Court
on 05.01.2022, wherein certain contentions were raised. Therefore,
this Court not accepted the said unconditional apology of the
accused persons. Thereby, the matter is posted today before the
Court.
3. Today, all three accused persons filed the joint affidavit
dated 06.01.2022 seeking unconditional apology, which reads as
under:
"At para-2 in the affidavit, in respect of Sri. Gopal
Ram alias G. Ramasubramanian reads as under:
"2. We state that the first of us is a qualified
Company Secretary with experience of 40 years in the
field and renders services as an independent
consultant to the companies who engage my services.
That though I am not the director of M/s Opto Circuits
(India) Ltd, the company had engaged my services for
advice on company management & business
development. I state that I hold the Judiciary and this
Hon'ble Court in the highest regards and esteem and
have had no antecedents of any dishonouring or
disregarding any order of any Court throughout my
career. I state that I wish to issue an unconditional
apology for the bonafide and inadvertent error
committed by me which was without any intention to
withhold information from this Hon'ble Court.
At para-3 in the affidavit, in respect of Sri.
Venkatraman Sundar reads as under:
3. We state that the Second of us is a qualified
Company Secretary with experience of 40 years in the
field and renders services as an independent
consultant to the companies who engage my services.
That though I am not the director of M/s Opto Circuits
(India) Ltd, the company had engaged my services for
advice on company management & business
development. I state that I hold the Judiciary and this
Hon'ble Court in the highest regards and esteem and
have had no antecedents of any dishonouring or
disregarding any order of any Court throughout my
career. I state that I wish to issue an unconditional
apology for the bonafide and inadvertent error
committed by me which was without any intention to
withhold information from this Hon'ble Court.
At para-4 in the affidavit, in respect of Sri.
G.C.Somdass reads as under:
4. We stated that the third of us is also a Chartered
Accountant with 45 years of experience in the field. I
state that the non-reporting of the order of liquidation
dated 24/11/2017 passed in COP 273/2014 against
M/s Opto Circuits (India) Ltd. was an inadvertent and
honest error in judgment as the settlement talks with
the banks was in advanced stage and we wished to
report the settlement arrived with the bank to this
Hon'ble Court. I state that I hold the Judiciary and this
Hon'ble Court in the Highest regards and esteem and
have had no antecedents of any dishonouring or
disregarding any order of any Court throughout my
career. I state that I wish to issue an unconditional
apology for the bonafide and inadvertent error
committed by me which was without any intention to
withhold information from this Hon'ble Court."
4. It is further stated that all the accused persons are
senior citizens and the action of all the accused persons herein was
inadvertent, unintentional and without realizing the same. Further,
it is stated that it was never the intention of these accused persons
to disobey the order passed by this Court and it is only on account
of being unaware of the fact that the order of Liquidation dated
24.11.2017 was to be reported even though the operation of the
order was deferred and the settlement was in progress that it had
not been done. It is further stated by the accused persons that if for
any reason, it is found that there is disobedience of the
orders/directions or delay in complying with the directions or orders
passed by this Court, they submit themselves to the mercy of this
Court, while tendering unconditional and unreserved apology before
this Court and express deepest regret and remorse for the same.
5. Learned Senior Counsel for accused No.3 brought to the
notice of this Court that the main matter in COP.No.297/2015 came
to be disposed on 13.09.2019 in view of the memo and settlement
among the petitioner-Bank and respondent-Company, the said
order is placed as document No.2 to the petition.
6. Taking into consideration the unconditional apology filed
by all the accused persons, who are all senior citizens and
submitting themselves to the mercy of this Court, we are of the
considered opinion that unconditional apology has to be accepted
and contempt proceedings are to be dropped as the submission
made before the learned Single Judge was inadvertent,
unintentional and without realizing the consequences.
7. In view of the above, contempt proceedings are hereby
dropped with a warning to the accused persons that such acts
should not be repeated, in order to maintain majesty before this
Court. Accordingly, contempt petition is disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
SMJ
