NATIONAL FERTILIZERS LTD. versus TUNCAY ALANKUS & ANR.

NATIONAL FERTILIZERS LTD. versus TUNCAY ALANKUS & ANR.

Respondent No.1 cannot be held guilty of contempt as the funds were withdrawn prior to the Supreme Court's restraining orders; at the time of the order, no money existed in the account; the order holding respondent guilty was based on an erroneous factual premise and is recalled.

Parties
Petitioner: National Fertilizers Ltd.; Respondent No.1: Tuncay Alankus; Respondent No.2: Another Respondent
Jurisdiction
India
Judgment Date
02 April 2013
Procedural Posture
Contempt Petition (civil) No. 320 of 2009 in Criminal Appeal No. 926 of 2006 / Final Disposition
Outcome
Contempt petition dismissed; respondent No.1 not held guilty of contempt of court.
Legal Topics
Contempt of Court, Violation of Court Orders, Extradition, Attachment of Property
Constitutional Law Criminal Law Contempt of Court Violation of Court Orders Extradition Attachment of Property

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Parties

National Fertilizers Ltd.

Petitioner

Tuncay Alankus

Respondent No.1

Another Respondent

Respondent No.2

Procedural Posture

Contempt Petition (civil) No. 320 of 2009 in Criminal Appeal No. 926 of 2006 / Final Disposition

Legal Issues

  1. 1 Whether respondent No.1 committed contempt of court by withdrawing funds from his Swiss bank account in violation of Supreme Court orders dated 4.9.2006 and 14.12.2006

Ratio Decidendi

Respondent No.1 cannot be held guilty of contempt as the funds were withdrawn prior to the Supreme Court's restraining orders; at the time of the order, no money existed in the account; the order holding respondent guilty was based on an erroneous factual premise and is recalled.

Court Disposition

Contempt petition dismissed; respondent No.1 not held guilty of contempt of court.

Orders

  • Order dated April 1, 2010 holding respondent No.1 guilty of contempt is recalled.
  • Contempt petition is dismissed.