Ruma Pal, J. - (1.) In this contempt petition the petitioner alleged that the respondents 1 and 2 have violated this Courts orders dated 12th December, 2001 and 8th January, 2002 disposing of Contempt Petition (Civil) Nos. 265-267 of 1999 in Contempt Petition (Civil) No. 209 of 1998 in Civil Appeal Nos. 366 of 1998, 603/1998 and 605/1998. The petitioner and the respondents represent two groups of members of one family. The petitioner, Rama Narang is the father of Ramesh and Rajesh the two respondents herein. They are the children of his first wife, whom he divorced in 1963. The petitioner also has children by the second wife. Disputes have been raging between the parties for over a decade. Several suits and counter suits have been filed. In contempt proceedings filed by the respondent No.1 against the petitioner an order was passed by this Court on 12th December, 2001 to the following effect :"The following cases are pending between the parties who are parties in the present proceedings before us one way or the other. We are told that all the parties have settled their disputes in respect of all the litigations specified below. 1. O.S. No. 3535 of 1994 before the Bombay High Court. 2. O.S. No. 3578 of 1994 before the Bombay High Court. 3. O.S. No. 1105 of 1998 before the Bombay High Court. 4. O.S. No. 3469 of 1996 before the Bombay High Court. 5. O.S. No. 1792 of 1998 before the Bombay High Court. 6. O.S. No. 320 of 1991 before the Bombay High Court. 7. Company Petition No. 28 of 1992 before the Bombay High Court. Before the Principal Bench, Company Law Board, New Delhi. 8. Arbitration Suit No. 5110 of 1994 before the Bombay High Court. Today they filed a document styled it as MINUTES OF CONSENT ORDER signed by all the parties. Learned counsel appearing on both sides submitted that all the parties have signed this document. Today except Mona Narang and Ramona Narang (two ladies), all the rest of the parties are present before us when these proceedings are dictated. As for Mona Narang and Ramona Narang learned counsel submitted that Mona Narang had affixed the signature and the power of attorney holder of Ramona Narang has signed the above document in his presence. This is recorded. Both sides agreed that all the suits can be disposed of in terms of the settlement evidenced by "MINUTES OF CONSENT ORDER" produced before us. For disposal of those cases and/or for passing decrees in them we have to pronounce the final formal order in terms of the settlement now produced before us. We, therefore, withdraw all the aforesaid suits to this Court under Article 139-A of the Constitution of India. Prothonotary and Senior Master of the Bombay High Court is directed to transmit the records in the above mentioned suits by special messenger to this Court so as to reach the Registry here within ten days from today. The Bench Officer of the Principal Bench of the Company Law Board, New Delhi is directed to forward the records relating to company petition No. 28 of 1992 to the Registry of this Court so as to reach the Registry within ten days from today. All the parties have undertaken before us that they will implement the terms of the "MINUTES OF CONSENT ORDER" on or before 1-1-2002 and that no further time will be sought for in the matter. Clause (f) of the compromise relates to the operation of the bank accounts. That clause will come into force from today onwards. All the afore-mentioned suits and the company petition will be posted for final formal orders on 8-1-2002 at 10.30 a.m. along with these contempt proceedings."
(2.) The Minutes of the Consent Order referred to in the order dated 12th December, 2001 was as an agreement between the parties, which was duly executed by them.
(3.) The bone of contention between the parties is primarily the control of a company known as NIHL. The consent minutes provided inter alia :- (a) With effect from 4th May, 1999 Rama, Ramesh and Rajesh are the only Directors of NIHL (and its subsidiaries). Any increase in the Board of Directors shall be with the mutual consent of Rama and Ramesh/Rajesh. (b) None of the Directors (Rama, Ramesh and Rajesh) can be removed from directorship. (c) Rama and Ramesh shall continue to be in joint management and control of NIHL and Rajesh shall continue to be the Permanent Whole Time Director thereof in charge of day to day operations/ management. (d) No decision shall be adopted concerning or affecting the said Company (and its subsidiaries) without the consent of Rama and Ramesh (or Rajesh) in writing. It is further clarified and agreed that save and except as provided herein no prevailing decisions including appointment of Directors/ Executives or any other persons shall continue unless Rama and Ramesh (or Rajesh) consent to the same in writing. (e) All the collections coming in cash shall continue to be remitted in the bank accounts of the Company and all transactions will only be made in the form of cheques and/ or as may hereafter be agreed to between Rama and Ramesh (or Rajesh). (f) All bank accounts of the Company shall continue to be operated jointly by any two out of the three Directors namely Rama, Ramesh and Rajesh and/or as may hereafter be agreed to between Rama and Ramesh (or Rajesh). If the amount of any transaction exceeds Rs. 10 (ten) lacs the same shall be undertaken through a cheque signed jointly by Rama and Ramesh/Rajesh." ;