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1978 Supreme(Del) 144

VYAS DEV MISRA, YOGESHWAR DAYAL
KULDIP SINGH – Appellant
Versus
COURT ON ITS OWN MOTION – Respondent


JUDGEMENT

V. D. Misra, J. :- This is an appeal under Sec. 19 (1) (a) of the Contempt of Courts Act, 1971 against the decision of the learned single Judge holding the appellant guilty of contempt of court and directing him to be detained to civil prison for a period of six months.

2. The detailed facts are given in the decision of the learned single Judge and we do not intend to repeat all the details. The material facts, briefly stated, are these.

The Central Bank of India (the Bank) had advanced moneys to M/s. Current Transport and Finance Pvt. Ltd. and Current Transport Service (the Company), on the hypothecation of five buses. When the Bank failed to recover the loan it filed a suit on May 26, 1972 against the Company as well as all its directors. Kuldip Singh appellant is one of the directors. The Bank also moved an application on the same day under Order 38 Rule 5 (I. A. No. 991 of 1972) praying for the attachment of the buses in question. An ex parte order was passed by a learned single Judge on July 17, 1972 restraining the defendants from transferring, alienating or parting with the possession of the said buses. Notices were also issued to the defendants. When the application











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