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MANINDRA MOHAN SHRIVASTAVA, VINOD KUMAR BHARWANI
Shankar Jha (Manager), Bank of Maharashtra – Appellant
Versus
Nand Kishor Gupta S/o Shri Nathu Lal Gupta – Respondent
JUDGMENT :
MANINDRA MOHAN SHRIVASTAVA, J.
1. Heard on application filed by applicant-Rameshwar Prasad Sharma in D.B. Special Appeal (Civil) No. 13/2019, seeking leave of the Court to file appeal.
2. For the reasons mentioned in the application, the application is allowed and leave is granted to the applicant-Rameshwar Prasad Sharma to file appeal.
3. There is delay of 250 days in filing of D.B. Special Appeal (Civil) No. 13/2019.
4. In view of the fact that D.B. Civil Special Appeal (Civil) No. 22/2018 has been filed against order dated 08.08.2018, which is also under challenge in Appeal No. 13/2019, we deem it appropriate to condone the delay.
5. Accordingly, delay in filing of Appeal No. 13/2019 is condoned and application filed under Section 5 of the Limitation Act in Appeal No. 13/2019 is allowed.
6. By this common judgment, both the appeals are being disposed off as they arise out of the same order dated 08.08.2018 passed by the learned Single Judge in S.B. Civil Writ Petition No. 1003/2018.
7. Respondents-writ petitioners Nand Kishore Gupta and Mrs. Usha Khandelwal had borrowed loan from appellant-Bank of Maharashtra. They were served with notice under Sections 13(2) and 13(4) of the
The right of redemption under the SARFAESI Act extinguishes upon the publication of the auction notice, and auction proceedings cannot be challenged post-confirmation unless fraud or collusion is pro....
Contempt proceedings cannot address merits of disputes but focus solely on willful disobedience of explicit court orders.
Willful disobedience of a court order constitutes civil contempt, and late apologies do not absolve responsibility.
An appeal under Section 19 of the Contempt of Courts Act is maintainable only against orders imposing punishment for contempt; non-punitive orders are not appealable.
The judgment emphasized the importance of wilful disobedience and sincere apologies in contempt cases, highlighting the need for genuine remorse and contrition.
Intent is essential for establishing contempt; mere disobedience is insufficient without a wilful disregard for court orders.
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