(Uday Umesh Lalit and Pamidighantam Sri Narasimha, JJ.)
In Re Perry Kansagra _______________________________ Petitioner;
v.
________ Respondent(s).
Suo Motu Contempt (Civil) No. 3/2021, decided on July 22, 2022
The Order of the court was delivered by
Order
1. By judgment dated 11.07.2022 Perry Kansagra was found to be guilty of having violated express undertakings given to the Courts including this Court and of having committed criminal contempt of Court. The matter was adjourned to 22.07.2022 to enable the contemnor to have an opportunity to present himself before this Court alongwith Aditya and to advance appropriate submissions on the issue of punishment to be awarded to him. It was also stated that it would be open to Perry Kansagra to purge himself to contempt so that a sympathetic view could be taken in the matter.
2. Despite such clear directions, Perry Kansagra has failed to appear in this Court. Office report indicates that the order was served upon him. But no communication has been received from him in any manner. His advocate Mr. P.K. Manohar has also not received any instructions. Thus there has been complete non-cooperation expressed on part of the Perry Kansagra.
3. Even then as and by way of last opportunity, we adjourn the matter for three weeks. Let the appropriate intimation be sent to Perry Kansagra. Additionally, a copy of this order be directed to the e-mail which has been used by him to serve process upon Smriti.
4. In the meantime, learned advocates appearing for Smriti are at liberty to place such material as is deemed appropriate for considering the matter in issue.
5. Learned advocate appearing for CBI shall also file a status report with regard to issuance of “Red Corner Notice” which was adverted to on the previous occasion. The CBI shall also apprise the Court about the stage at which the proceedings lodged pursuant to the FIR filed are pending.
6. If there be any information which at this juncture is considered inappropriate to be shared with the parties before the Court, it is open to CBI to place such information in a sealed cover.
7. By order dated 07.10.2021, an amount of Rs. 25 lakhs from and out of the sum of Rs. 1 crores deposited by Perry Kansagra in the Registry of this Court was directed to be made over to Smriti. Considering the protracted litigation that Smriti has been subjected to, we direct that a further sum of Rs. 25 lakhs be released in favour of Smriti. Let the needful be done within seven days from today.
8. List on 18.08.2022 at 3.00PM.
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