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Showing posts with label BARANAGORE JUTE FACTORY PLC. MAZDOOR SANGH (BMS) ETC. Vs. BARANAGORE JUTE FACTORY PLC. ETC.. Show all posts
Showing posts with label BARANAGORE JUTE FACTORY PLC. MAZDOOR SANGH (BMS) ETC. Vs. BARANAGORE JUTE FACTORY PLC. ETC.. Show all posts
Thursday, March 23, 2017

As held by this Court in Delhi Development Authority v. Skipper Construction Co. (P) Ltd. and another[2], and going a step further, the Court has a duty to issue appropriate directions for remedying or rectifying the things done in violation of the orders. In that regard, the Court may even take restitutive measures at any stage of the proceedings. In the background as above of the case, the Division Bench should not have interfered with the order dated 26.06.2015 passed by the learned Single Judge. However, taking note of the fact, an amount of Rs.2,23,00,000/- has been kept in fixed deposit towards lien for issuance of bank guarantee, we make it clear that the respondents shall not operate the bank accounts of the company after 03.04.2017 without securing an amount of Rs.8,32,60,331/- We also make it clear that without leave of the High Court, the fixed deposit of Rs.2,23,00,000/- with the Axis Bank shall not be withdrawn. However, it would be open to the respondents to apply for appropriate clarification or modification of the order dated 26.06.2015, after making the deposit as above and it will be open to the learned Single Judge to pass the appropriate orders on merits of the application. We make it clear that any observations made by us are only for the purpose of this order and shall not have any bearing on the consideration by the learned Single Judge in the contempt proceedings.

                                                                  REPORTABLE                            SUPREME COURT OF INDIA         ...