( 1 ) HEARD the learned counsel for the plaintiff and defendant Nos. 1 and 10. None present for the defendant Nos. 2 to 9.

( 2 ) THIS motion is taken out by the plaintiff with a prayer that the defence of the defendant Nos. 1 to 5 and 10 to the suit be struck off on the ground that they have committed persistent breaches of the orders of this Court mentioned in prayer clause (a) of the motion and in particular the order of the Division Bench of this Court dated 2nd April, 1997 passed in Appeal Lodging No. 270 of 1997 and of the undertaking given by the defendant No. 10 in the capacity as a director of the defendant No. 1, a copy of which is annexed at Exhibit-G to the affidavit in support of the motion. In addition, an order is also sought for detention of the defendant Nos. 1 and 10 in civil prison for wilfully disobeying the aforesaid orders and committing a breach of the undertaking mentioned above. The defendant Nos. 1 and 10 oppose the motion.

( 3 ) SINCE breach of the order dated 2nd April, 1997 is alleged it would be useful to quote below the order which reads thus :"1. Heard the learned Counsel for the parties. At their request the matter is taken up for final hearing. ""2.

Click Here to Read the rest of this document