Contempt Petition; Rajat Kanodia Vs. R. D. Chaudhary [Supreme Court of India, 21-09-2015]

Contempt Petition – Executing Courtthe parties shall approach the Executing Court so as to bring an end to the dispute and if they feel proper, they may also make a request to the Court for sending them for mediation.

Contempt Petition

2016 (1) SCALE 276

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

[ANIL R. DAVE] AND [ADARSH KUMAR GOEL] JJ.

21st September, 2015

CONTEMPT PETITION (C) NO.169 OF 2012 IN I.A.NO.2 IN SLP(C)NO.32328 OF 2010 RAJAT KANODIA (PARTNER) M/S. CLASSIQUE INTERNATIONAL … PETITIONER(S) VS. R.D.CHAUDHARY (DIRECTOR) M/S. NIJINOY TRADING PVT. LTD. … RESPONDENT(S) WITH CONTEMPT PETITION (C) NO.241 OF 2014 IN I.A.NO.2 IN SLP(C)NO.32328 OF 2010 M/S. NIJINOY TRADING P. LTD. … PETITIONER(S) VS. RAJAT KANODIA (PARTNER), M/S. CLASSIQUE INTERNATIONAL … RESPONDENT(S)

For Petitioners in Cont. Pet.169 :- Mr. Amit S. Chadha, Sr. Adv., Mr. Venkita Subramoniam T.R., Adv. Mr. Abhishek, Advocate. For the Petitioners In Cont. Pet.241 :- Mr. David Rao, Adv., Mr. P. Soma Sundaram, Adv., Mr. S. Ramesh, Advocate. For the Respondents :- Mr. Pankaj Kumar, Advocate.

J U D G M E N T

ANIL R. DAVE, J.

CONTEMPT PETITION (C) NO.169 OF 2012

1. During the course of hearing, we have been informed by the learned counsel for the petitioner that the petitioner has to recover Rs.3.5 crores (Rupees three crores and fifty lakhs only) from the respondent, whereas according to the respondent, the total amount payable by the respondent to the petitioner is Rs.1.6 crores (Rupees 1 Page 2 one crore sixty lakhs only).

2. Thus, it appears that there is no unanimity with regard to the amount which is to be paid by the respondent to the petitioner.

3. The afore-stated amount should be based on the settlement, if correctly arrived at, which has been recorded on 24th January, 2011.

4. Be that as it may, the parties shall approach the Executing Court so as to bring an end to the dispute and if they feel proper, they may also make a request to the Court for sending them for mediation.

5. The petition is disposed of with the above directions. Pending application, if any, stands disposed of.

6. The interim order dated 16th December, 2014 for appropriation of the sale proceeds shall remain in force till a further order is passed by the Executing Court.

CONTEMPT PETITION (C) NO.241 OF 2014

1. The petition is dismissed.

2. Pending application, if any, stands disposed of.