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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(CONTEMPT JURISDICTION)

WEDNESNDAY, THE 29TH DAY OF JUNE, 2011

THE HON'BLE MR.JUSTICE K.CHANDRU

CONTEMPT PETITION NO.828 OF 2007

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State Bank of India,

Represented by its Assistant General Manager (H.R.)

Local Head Office, College Lane,

Nungambakkam, Chennai – 600 006.

...Petitioner

Vs.

1.S.Gunasekar

The General Secretary,

State Bank of India Ambedkar Trade Union,

No.635 Raniammaiyar Street,

Periyar Nagar, Chennai – 600 039.

2.M.V.Thangasami

The President,

State Bank of India Ambedkar Trade Union,

No.635 Raniammaiyar Street,

Periyar Nagar, Chennai – 600 039.

3.G.Arasakumar

The Treasurer,

State Bank of India Ambedkar Trade Union,

No.635 Raniammaiyar Street,

Periyar Nagar, Chennai – 600 039.

... Respondents

Contempt Petition praying that this Court be pleased

to commit and punish the respondents for wilful disobeying

the order of this Hon'ble Court dated 21/02/2007 and made

in O.A.No.181 of 2007 in C.S.No.132 of 2007.

The above Contempt Petition came up on 06/06/2011

before this Court for hearing in the presence of

M/s.S.Sethu Raman, Advocate for the petitioner herein; and

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of Mr.Balan Haridas, Advocate for the respondents herein;

and upon reading the petition and affidavit of

B.Surendran, filed herein; and having stood over for

consideration; the Court made the following order:-

The contempt petition came to be filed for the

alleged disobedience of the order passed by this Court in

O.A.No.181 of 2007 in C.S.No.132 of 2007 dated 21.02.2007.

2. By the aforesaid order, this Court in an OA

taken out in a pending suit in C.S.No.132 of 2007 granted

an an-interim injunction from carrying out activities

against the interest of the Bank by pasting posters,

circulating hand bills, placards or in any other manner in

defaming and affecting the image of the bank.

3. On being ordered by this Court, respondents 1 to

3 have filed separate counter affidavits.

4. Heard the arguments of Mr.S.Sethuraman, learned

counsel for the petitioner and Mr.Balan Haridas, learned

counsel appearing for respondents 1 to 3.

5. It is seen from the records that the suit was

filed against the State Bank of India Ambedkar Trade Union

of which the present respondents were the General

Secretary, President, Treasurer respectively. The suit was

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filed claiming damages for a sum of Rs.11 lakhs on the

ground that the respondents were pasting pictures in public

and issuing hand bills to the public at large by making

defamatory allegation and causing damage to the reputation

of the bank and for grant of permanent injunction

restraining the defendants from carrying out activities

against the interest of the bank by pasting posters,

circulating hand bills, etc in defamatory nature affecting

the image of the Bank directly or indirectly.

6. In the Original Application filed along with the

suit, the Bank sought for a temporary injunction, which

reads as follows:-

"... to grant order of Interim Injunction

restraining the defendants, their men, or

agents from carrying out activities against

the interest of the Bank by pasting posters,

circulating Hand Bills, Placards or in any

other manner defaming and affecting the

image of the Bank pending disposal of the

suit."

7. The respondents have filed a written statement in

the main suit dated 06.04.2007. It was claimed that the

Trade Union is a registered Trade Union having about 450

members. The allegation that publication of posters were

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irresponsible and affecting the commercial interest of the

public and customer was denied. They have only acted to

protect the interest of the bank. When complaints were made

regarding missing of cash f