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1995 DIGILAW 565 (SC)

D. D. A. v. Skipper Construction

1995-04-06

B.P.JEEVAN REDDY, P.B.SAWANT

body1995
JUDGMENT : 1. We had suspended the sentence of imprisonment awarded to the contemnors by our order dated 8th February, 1995, on the following conditions : (1) that the contemnors gave a bank guarantee on or before 31.3.95 for the payment of the sum of Rs. 11 crores on or before 30.11.95. (2) the entire sum of Rs. 11 crores has to be deposited by the contemnors by a bank draft in the Registry of this Court on or before 30.11.95. 2. On 31.3.95 the contemnors moved an application before us for modifying the conditions for the suspension of sentence by showing their willingness and readiness to deposit with the Registry an amount of Rs. 2 crores by 4.4.95 and to pay the balance of Rs. 9 crores on or before 31.8.95. On 31.3.95 we deferred the activation of the sentence on the contemnors depositing Rs. 2 crores by 4th April, 1995 in the first instance, and had fixed the hearing today for further orders. The contemnors deposited Rs. 2 crores by 4.4.95 as undertaken by them. We are therefore, inclined to modify the conditions on which the sentence was suspended as follows: (i) the contemnor shall deposit in the Registry of this Court a further sum of Rs. One crore by bank draft on or before 10.5.95. (ii) the balance of Rs. 8 crores shall be deposited by them likewise by bank draft on or before 31.8.95. 3. On the failure of fulfilling any one of the aforesaid conditions the sentence of imprisonment passed against the contemnors shall stand activated forthwith and without further reference to the Court. 4. The Office to report to the Court on 12.5.95 that the amount of Rs. 1 crore has been deposited by the contemners as above and if deposited, the Office should also encash the bank draft or the pay orders as the case may be, forthwith.