BANK OF BARODA versus SADRUDDIN HASAN DAYA AND ANR.

BANK OF BARODA versus SADRUDDIN HASAN DAYA AND ANR.

Respondents committed wilful breach of undertaking not to alienate or encumber attached properties until decree was satisfied, constituting civil contempt. Limitation runs from date of knowledge of breach, so proceedings were not time-barred.

Parties
Petitioner: Bank of Baroda; Respondent: Sadruddin Hasan Daya; Respondent: Shohin S. Daya
Jurisdiction
India
Judgment Date
12 December 2003
Procedural Posture
Contempt Petition / Final Decision
Outcome
Contempt petition allowed; respondents found guilty of civil contempt.
Legal Topics
Consent Decree, Civil Contempt, Undertaking to Court, Attachment of Properties, Limitation Under Contempt of Courts Act, Execution of Decree
Civil Procedure Banking Law Contempt of Court Consent Decree Civil Contempt Undertaking to Court Attachment of Properties Limitation Under Contempt of Courts Act +1 more

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Parties

Bank of Baroda

Petitioner

Sadruddin Hasan Daya

Respondent

Shohin S. Daya

Respondent

Procedural Posture

Contempt Petition / Final Decision

Legal Issues

  1. 1 Whether breach of undertaking in consent decree amounts to civil contempt under Section 2(b) of Contempt of Courts Act, 1971
  2. 2 Whether contempt proceedings are barred by limitation under Section 20 of Contempt of Courts Act, 1971
  3. 3 Effect of respondents entering into another consent decree with another bank with same properties under attachment

Ratio Decidendi

Respondents committed wilful breach of undertaking not to alienate or encumber attached properties until decree was satisfied, constituting civil contempt. Limitation runs from date of knowledge of breach, so proceedings were not time-barred.

Court Disposition

Contempt petition allowed; respondents found guilty of civil contempt.

Orders

  • Respondents sentenced to four months imprisonment.
  • After 15 days imprisonment, respondents to be released on short term bail for three months upon furnishing bail bonds etc. to Registrar, Bombay High Court.