Smt Bura Padmaja Vinay vs Sri Jeval Rama Rao

This Contempt Case is filed alleging willful disobedience of the order dated 15.07.2024 passed by this Court in W.P.No.18620 of 2024.

This Court while disposing of the W.P.No.18620 of 2024 directed as follows:

Learned counsel for the petitioner contended that despite the order dated 15.07.2024 passed by this Court in W.P.No.18620 of 2024, the respondent-Bank has failed to comply with the directions in true spirit and has not taken appropriate steps on the representations submitted by the petitioner and her tenant. It is therefore contended that the respondent has wilfully disobeyed the order passed by this Court and is liable for appropriate action under the provisions of the Contempt of Courts Act, 1971.

On the other hand, learned Standing Counsel for the respondent-Bank, relying upon the counter affidavit filed by the respondent submitted that the order dated 15.07.2024 has been complied with. It is submitted that the petitioner, through letter dated 17.07.2024, informed the Bank about the said order and after considering the representations dated 10.07.2024 and 02.07.2024 submitted by the petitioner and her tenant respectively, the Bank issued letter dated 02.11.2024 requiring the petitioner to pay the machinery value of Rs.3.55 crores. It is further submitted that the petitioner failed to pay the said amount and, instead, instituted the present contempt case. The learned Standing Counsel further submitted that the petitioner has suppressed the material facts relating to the earlier proceedings initiated by the Bank before the Debts Recovery Tribunal and, in particular, the order dated 03.08.2022 passed by the Hon'ble Division Bench of this Court in W.P.No.22130 of 2020, whereby the writ petition filed by the petitioner was dismissed with costs. It is submitted that the said order has attained finality, as no appeal has been preferred against the same.

Having considered the rival submissions and perused the record, it is evident that the respondent-Bank has considered the representations dated 10.07.2024 and 02.07.2024 and thereafter, issued the letter dated 02.11.2024 requiring the petitioner to pay the machinery value of Rs.3.55 crores. Thus, the direction issued by this Court in W.P.No.18620 of 2024 stands complied with and the allegation of willful disobedience is not made out. It is also pertinent to note that the Hon'ble Division Bench of this Court, in W.P.No.22130 of 2020, had already taken note of the recovery proceedings initiated before the Debts Recovery Tribunal, the appointment of the Advocate Commissioner for taking possession of the hypothecated medical equipment and the petitioner's knowledge of the developments relating to the dispute. The Hon'ble Division Bench further recorded a finding that there was suppression of relevant facts and that the writ petition was filed with an attempt to frustrate the efforts of the respondent-Bank to gain possession of the medical equipment. The said writ petition was accordingly dismissed with costs of Rs.25,000/- to be paid to the Telangana State Legal Services Authority. The conduct of the petitioner in not disclosing the aforesaid material facts while invoking the jurisdiction of this Court is therefore deprecated.

Accordingly, this Contempt Case is closed. Having regard to the conduct of the petitioner in suppressing the aforesaid material facts, the petitioner shall pay costs of Rs.50,000/- (Rupees fifty thousand only) to the Court Masters & Personal Secretaries to Hon'ble Judges Association, High Court for the State of Telangana, Hyderabad, within a period of two (02) weeks from the date of receipt of a copy of this order.

Miscellaneous petitions, pending if any, shall stand closed.