Suo Moto vs Parth Hemendra Jani & 2 Others

Anant S. Dave, J

In this suo moto proceedings, respondent-Parth Hemendra Jani is present before this Court.

On 15.2.2019, following order is passed by this Court:

“1 After issuance of notice on 17.07.2018 in these proceedings under the provisions of the Contempt of Courts Act, 1971 various oral orders are

passed by this Court on 27.08.2018, 24.09.2018, 19.11.2018, 10.12.2018 and 26.12.2018. The above orders read as under:

“Order dated 27.08.2018

This Court, vide order dated 17.07.2018, had issued Notice to respondent no.1 in Form1 for appearance, which was made returnable today. The

said Notice is served on respondent no.1contemnor on 31.07.2018. In spite of the same, there is no appearance by respondent no.1. 2.

Registry to issue Bailable Warrant to secure the presence of respondent no.1, who shall execute personal bond in the sum of Rs.25,000/[Rupees

Twenty five thousand only] along with two Sureties of the like amount, making it returnable on 24.09.2018.

Order dated 24.09.2018

On 27th August, 2018, this Court passed the following order:

“1. This Court, vide order dated 17.07.2018, had issued Notice to respondent no.1 in Form1 for appearance, which was made returnable today. The

said Notice is served on respondent no.1 contemnor on 31.07.2018. In spite of the same, there is no appearance by respondent no.1.

Registry to issue Bailable Warrant to secure the presence of respondent no.1, who shall execute personal bond in the sum of Rs.25,000/-[Rupees

Twenty five thousand only] along with two Sureties of the like amount, making it returnable on 24.09.2018.â€​

Record does not disclose that bailable warrant issued on the 1st respondent is executed or not.

In view of the same, fresh bailable warrant be issued to secure the presence of the 1st respondent. He shall be released on bail on executing personal

bond of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties for the like sum.

Stand over to 19.11.2018.

Order dated 19.11.2018

Mr. Dhruvil Merchant, learned advocate states that he has instructions to appear on behalf of Mr. Parth Hemendra Jani, respondent No.1 against

whom notice under the Contempt of Courts Act, 1971 has been issued, and he seeks time. Stand over to 10th December, 2018.

Order dated 10.12.2018

Party-in-person is present.

Mr. Dhruvil Merchant, learned advocate appearing on behalf of the contemnor seeks permission to release him as advocate representing on behalf

of contemnor in view of noncompliance of earlier order and undertaking filed before this court.

However, party-in-person-respondent â€" contemnor would like to make some arrangement to pay for outstanding amount of the subject matter and

seeks some time. At present we would like to adjourn the case on 26.12.2018. By that time, respondent no. 1 shall place on record the details about

procedure followed by him qua sale of property/residential house etc to meet with the requirement of payment of outstanding dues. List on 26.12.2018.

Order dated 26.12.2018

Heard learned advocate Shri Hemang Shah for the petitioner, Shri Manan Bhatt learned advocate for the respondent no.2 and party-in-person who is

personally present before the Court.

Our attention is drawn to orders passed by this Court earlier to show that there is repeated defiance and willful disobedience of the orders by this

Court including breach of an undertaking given in the proceedings before this Court. Time and again, the contemnor was accommodated to see that

atleast part of the amount outstanding is paid. Final payment outstanding is, in all Rs. 13,50,000/.

Today also request is made to grant some more time so as to arrange for payment of the outstanding dues.

The contemnor should atleast make reasonable amount available to the person in whose favour orders are passed by the trial Court and this Court.

Adjourned to 23.1.2019. The party-in-person shall remain personally present before the Court on the next date.â€​

2 The present proceedings are preferred for willful and deliberate breach by respondent No.1 for not complying with an undertaking dated 23.02.2018

filed before this Court in Special Criminal Application No.690 of 2018. It appears from the record that the lower appellate court at the time of disposal

of Criminal Appeal No.186 of 2014 concluded that the appellant â€" respondent herein committed fraud with the appellate court and despite of giving

an undertaking, no payment was made. The competent court while dealing with the criminal complaint under Section 138 of the Negotiable

Instruments Act, upon settlement arrived between the parties passed order dated 30.08.2016 below Exh.1. In spite of the above, respondent continued

to defy the order and not adhering to the terms and conditions of the undertaking.

3 Before this court also, time and again the proceedings were adjourned in view of assurance given by respondent No.1 to pay up the amount as per

the undertaking given by him.

4 Except inability to pay, no other offer is made by the respondent No.1 and no affidavit is also filed. Thus, we have no option but to pass order for

punishing the respondent No.1 under the provisions of the Contempt of Courts Act, 1971 for committing breach of the order dated 30.08.2016 passed

below Exh.1 in Criminal Appeal No.186 of 2014.

5 However, with a view to give one more opportunity to the respondent No.1 and continuing his presence before this Court on the next date of

hearing, we adjourn the matter for passing final order on 01.03.2019.â€​

Even thereafter, Mr. Parth Hemendra Jani was given sufficient time to comply with the Court's order but as on this date, all the orders, to which

reference is made in oral order dated 15.2.2019, remained non-complied with.

It emerged on record from oral order dated 20.3.2018 passed in Special Criminal Application No.690 of 2018 by the learned Single Judge that

respondent-Mr.Parth Hemendra Jani had committed wilful disobedience of the undertaking filed before this Court and he was also found guilty of civil

contempt as defined under section 2(b) of the Contempt of Courts Act read with Article 215 of the Constitution of India and he was asked to show

cause.

Inspite of more than one year and four months have passed and even in the present proceedings also, wilful disobedience and defiance of the order

passed by this court from time to time is continued and galore on the record. Accordingly, charge is framed against Mr. Parth Hemendra Jani that,

“Why you, Mr.Parth Hemendra Jani, have defied this Court's order dated 20th March, 2018 passed in Special Criminal Application No.690 of 2018

and in the present proceedings to which reference is made in the oral order dated 15.2.2019 and accordingly, you are hereby given an opportunity to

explain your conduct as above on or before 30th July, 2019 failing which, appropriate order in accordance with law will be passed.â€​

Stand over to 30th July, 2019.

Respondent-Mr.Parth M. Jani shall remain personally present before this Court on the next date.

Copy of this order be given to respondent Mr. Parth Hemendra Jani by the Registry.