2023 (4) TMI 1186

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he following order was passed by this Court: "4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner's OTS Offer/representation dated 12.01.2021 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and by affording them an opportunity of personal hearing or virtual hearing, within a period of four weeks from the date of receipt of a copy of this order." 3. By the said order, a learned Judge of this Court directed only the third respondent in the writ petition to consider the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Chennai - 600 034, is stated by the petitioner in the contempt petition, as per the procedure in vogue since the Officer, who allegedly committed contempt, he shall be arrayed as a party by name. Therefore, Mr.Manoj Mittal, Managing Director & Chief Executive Officer, Industrial Financial Corporation of India Ltd., IFCI Towers, 61 Nehru Place, New Delhi - 110 019 has been shown as contemnor as if the third respondent in the original writ petition to whom the direction was given by the learned Judge. 10. Accordingly, the Registry has issued statutory notice to Mr.Manoj Mittal, Managing Director & Chief Executive Officer, Industrial Financial Corporation of India Ltd., IFCI Towers, 61 Nehru Place, New Delhi - 110 019. 11. Pursuant to the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....all along, he has come from New Delhi and appeared before this Court, he contended. 14. I have considered the submissions made by the learned counsel appearing for the parties. 15. The learned counsel for the petitioner submitted that, at the time of passing the order by this Court on 21.04.2021 though a direction was given to the Deputy General Manager, Industrial Financial Corporation of India Ltd. at the time of filing the contempt petition, the name of Mr.Manoj Mittal, Managing Director & Chief Executive Officer, Industrial Financial Corporation of India Ltd., has been arrayed as contemnor as if he has committed the contempt. 16. When this Court specifically asked as to why a non-party has been impleaded as a party as if he has commi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l Corporation of India Ltd should have been mentioned in the contempt petition, instead, the Managing Director & Chief Executive Officer, Industrial Financial Corporation of India Ltd. has been arrayed as a party unnecessarily without any plausible reason. 20. Secondly, once a direction was issued by this Court to consider the representation dated 12.01.2021, the petitioner should have awaited for the orders to be passed by the respondent, thereafter only, he could have persuaded with the contempt petition. However, unmindful of the directions issued by this Court, it seems that the petitioner has given further improved offers to the respondent as one time settlement and that has also been considered and rejected by the respondent company.....