Order 1

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.1718/SS/2018
M/s. Nascent Organics V/s Suvarna Additives Pvt.Ltd.,
ORDER PASSED ON APPLICATION FOR CONTEMPT AGAINST
ACCUSED NO.2
(Passed on 17/05/2025)
The complainant filed this application for contempt against
accused no.2 on the ground that on 03/04/2023, the accused no.2
being director of accused no.1 had given written undertaking to pay
Rs.30,000/- per month to the complainant till final repayment of the
cheque. But thereafter, the accused no.2 has paid only Rs.30,000/- for
the month of April, 2023 and thereafter, avoided to make the payment
as per the undertaking filed by him before this Court. The complainant
placed reliance on the photostat/xerox copies and undertaking given by
the accused.
2. Per contra, the learned advocate for the accused submitted
that the accused has made payment of Rs.30,000/- for the month of
April, 2023 and thereafter, his financial condition became worst and
therefore, he could not pay the remaining amount. However, the
accused undertakes to pay the due amount.
3. Having heard the learned advocates for both the sides, I
perused the record.
4. It is needless to say here that the contemp proceeding can
be initiated as per the settled provisions of Contempt of Court Act.
1971. But in this application the complainant has not mentioned the
relevant provision or facts which attract the contempt proceedings.
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Therefore, this application is not maintainable.
5. The another ground for rejecting this application is that the
complainant relied upon the photostat/xerox copies of affidavit and
undertaking which are said to have been executed by the accused no.2.
But after perusal of these documents, it is reflected that these
documents do not bear the endorsement, order or signature of this
Court. Hence, it can be said that the said documents are neither seen
by the Court nor they were brought to the knowledge of the Court. In
such circumstances, the allegations based on these inadmissible
documents, cannot be entertained. Hence, I pass the following order:-
ORDER
The application stands rejected.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date :- 17/05/2025 44th Court, Andheri, Mumbai.
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