M/S. Packraft (India) Pvt.Ltd. Throughits Directer V.S. Man Vs. U.P.F.C. Through Its M.D.R.M. Sethi & Ors On 13 November, 1995

Open iDraf

M/s. Packraft (india) Pvt.ltd. Throughits Directer V.s. Man v. U.p.f.c. Through Its M.d.r.m. Sethi & Ors

M/s. Packraft (india) Pvt.ltd. Throughits Directer V.s. Man
v.
U.p.f.c. Through Its M.d.r.m. Sethi & Ors

(Supreme Court Of India)

Contempt Petition No. 326 Of 1995 In Civil Appeal No. 4503 Of 1990 | 13-11-1995

K. Ramaswamy and B.L. Hansaria, JJ.

1. This Court in Mahesh Chandra v. UPFC, 1992(1) RRR 576(SC) : JT 1992(2) SC 326 [LQ/SC/1992/159] : (1993) 2 SCC 279 [LQ/SC/1992/159] has laid down the law as to how the properties of a defaulter are to be brought to sale by financial corporations. The petitioner contends that in spite of specific guidelines laid down therein, the property of the petitioner had not been sold consistent with those guidelines. Therefore, it amounts to wilful disobedience of the law laid down by this Court. Thereby, the respondents rendered themselves liable for conviction for contempt of this Court. We are afraid that we cannot accede to the contention.

2. The law laid down by this Court in Mahesh Chandra's case (supra) is the law under Article 141. It is needless to say that everyone is bound by the law. But, if there is any infraction of the action in violation of the law laid down by this Court, appropriate remedy is to have it corrected by a judicial review but not by way of contempt proceedings in this Court.

3. Under these circumstances, we cannot accede to the request made by the petitioner to issue notice to them and to convict the respondents for contempt. However, it would be open to the petitioner to seek appropriate remedy according to law.

4. The contempt petition is accordingly dismissed.

Advocates List

FOR

Bench List

HON'BLE MR. JUSTICE K. RAMASWAMY

HON'BLE MR. JUSTICE B.L. HANSARIA

Eq Citation

(1996) 1 SCC 304

[1997] 89 COMPCAS 269 (SC)

[1995] (SUPPL.) 5 SCR 179

1995 (6) SCALE 486

JT 1995 (8) SC 405

LQ/SC/1995/1121

HeadNote

Constitution of India — Art. 141 — Law laid down by Supreme Court — Binding nature of — Non-compliance with — Appropriate remedy for — Judicial review — Held, everyone is bound by law laid down by Supreme Court — But if there is any infraction of action in violation of law laid down by Supreme Court, appropriate remedy is to have it corrected by judicial review but not by way of contempt proceedings in Supreme Court — Contempt of Court — Appropriate remedy for — Judicial review — Civil Procedure Code, 1908, Or. 47 Rr. 1 and 2 (Paras 2 and 3)