$~137
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1559/2024
LEATHEROID PLASTICS PVT LTD & ANR. .....Petitioners
Through: Ms. Radhika Goel, Adv.
versus
CHIEF MANAGER, CANARA BANK & ORS.....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 30.09.2024
CM APPL. 57375/2024 (Ex.)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CONT.CAS(C) 1559/2024
3. The petitioner is seeking initiation of contempt proceedings
against the respondents for giving false information/balance
certificates and not complying with the directions of this Court dated
24.02.2020 and 20.07.2023, passed by this Court in W.P. (C) No.
ara Bank v Leatheroid Plastics Private
10272/2015 titled as „Can
Limited‟.
4. No one is present for the respondents despite advance notice.
5. Learned counsel for the petitioners has submitted that although
the petitioners have made payment towards discharge of the loan
amount, which was quantified to be - with simple interest
₹ 62,78,446/
@ 11% per annum from the date of filing of the OA till realization,
and in fact the same has been paid too, the grievance remains that the
This is a digitally signed order.
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bank has never submitted a correct balance confirmation and had
repeatedly changed/modified it, thereby making excessive demands all
the time. In essence the plea is that the bank has never properly
explained the correct amount due from the petitioners, thus misleading
the Court.
6. I am afraid the present Contempt Petition is not sustainable in
law. This Court cannot go into the disputed questions of facts so as to
inquire as to what exactly was the amount due or payable by the
petitioners to the respondent bank. The remedy in such cases lies
before the Civil court by instituting an appropriate commercial
dispute. Hence, the present writ petition is dismissed without
prejudice.
DHARMESH SHARMA, J.
SEPTEMBER 30, 2024/sm
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 04/10/2024 at 11:46:26