ALL INDIA SUGAR MILLS LTD Vs. SARDAR SUNDER SINGH

JUDGEMENT

(1.) This is a second application to commit for contempt in respect of a prohibitory order made by me on 5 March of this year. The dates are material. The interim order was made on 5th March 1937, and it restrained, so far as it is material, the defendant to the suit, Sardar Sunder Singh, from proceeding with certain criminal proceedings in the Punjab in respect of the subject matter of the suit, i.e. the proceedings pursuant to a complaint against the Directors of the plaintiff company for cheating. On 12 March, the interim order was served by registered post under directions contained in the original order. It was admittedly received by the respondent (that admission was made on a previous application) on 13 March. On 12th March 1937 there was a hearing of the criminal proceedings. The facts are deposed on behalf of the applicant in an affidavit dated 19 March 1937. It is apparent that the making of the interim order was known to the Court and to the respondent who elected to proceed.

(2.) The second hearing was on 30 March; the facts in connection with this are deposed to on behalf of the applicants in an affidavit sworn on 10 April 1937 by one Mohun Lal Mukherjee. According to this testimony, a certified copy of the interim order was handed up to the Magistrate, the contents were explained to the complainant, and the complainant again elected to proceed.

(3.) On 27 April 1937 there was a further hearing at a place called Bias, and an order was made (Ex. A to the present petition). It reads: I have again told the complainant that if he wants to get this case filed for the present or not. He says that after having read the notice of the Calcutta High Court he would still proceed with the case and not withdraw from the prosecution of the accused.