E. BAPANAIAH versus SRI K.S. RAJU ETC.

E. BAPANAIAH versus SRI K.S. RAJU ETC.

Respondent K.S. Raju, having controlled NFL and given a written undertaking to the CLB regarding repayment of deposits, wilfully disobeyed CLB’s orders and breached his undertaking. Division Bench erred in setting aside the conviction and sentence, as the absence of post-amendment execution provision justifies contempt remedy.

Parties
Appellant: E. Bapanaiah; Respondent: K.S. Raju
Jurisdiction
India
Judgment Date
07 November 2014
Procedural Posture
Criminal Appeal / Appeal From Division Bench (high Court) Judgment, Supreme Court Ruling
Outcome
Appeal allowed against K.S. Raju; conviction and sentence restored for contempt. Appeals regarding other directors dismissed.
Legal Topics
Civil Contempt, Breach of Undertaking, Execution of CLB Orders, Directors' Liability
Contempt of Court Company Law Civil Procedure Civil Contempt Breach of Undertaking Execution of CLB Orders Directors' Liability

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Parties

E. Bapanaiah

Appellant

K.S. Raju

Respondent

Procedural Posture

Criminal Appeal / Appeal From Division Bench (high Court) Judgment, Supreme Court Ruling

Legal Issues

  1. 1 Whether respondent K.S. Raju committed civil contempt by breaching the undertaking given to Company Law Board
  2. 2 Whether Division Bench of High Court erred in allowing contempt appeal and setting aside conviction and sentence

Ratio Decidendi

Respondent K.S. Raju, having controlled NFL and given a written undertaking to the CLB regarding repayment of deposits, wilfully disobeyed CLB’s orders and breached his undertaking. Division Bench erred in setting aside the conviction and sentence, as the absence of post-amendment execution provision justifies contempt remedy.

Court Disposition

Appeal allowed against K.S. Raju; conviction and sentence restored for contempt. Appeals regarding other directors dismissed.

Orders

  • Order dated 3.8.2007 in Contempt Case No. 915 of 2002 restored against K.S. Raju (conviction and sentence).
  • Sixty days granted to K.S. Raju to repay entire amount to appellant as directed by CLB.