DHIREN DAVE Vs. M/S. SURAT DYES & ORS.
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 3765 of 2006, Judgment Date: Jan 21, 2016
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3765 OF 2006
DHIREN DAVE APPELLANT
VERSUS
M/S. SURAT DYES & ORS. RESPONDENTS
J U D G M E N T
KURIAN,J.
1. The appellant is aggrieved by the order passed by the Company Judge
directing prosecution of the appellant for the offence punishable under
Section 195 of the Code of Criminal Procedure, 1973, initiating proceedings
for contempt under the Contempt of Courts Act, 1971 and also directing
initiation of appropriate action under Section 21 of the Company
Secretaries Act, 1980, if required.
2. During the course of hearing before this Court on 06.01.2016, the
appellant sought permission to file an affidavit tendering unconditional
apology for the unwitting conduct of filing the affidavit in the Review
Petition before the Company Court, copy of which is marked as Annexure P-3.
3. In the affidavit dated 08.1.2016 filed by the appellant it is stated
as under:
“ 2.That the deponent hereby deeply regrets and most humbly tenders
unconditional and unqualified apology to this Hon'ble Court for filing
affidavit dated 01.07.2004 in O.J. Appeal NO.30 of 2004 before the Hon'ble
High Court of Gujarat at Ahmedabad.
3. That it is submitted with greatest humility that I have always had the
deepest and highest regard for this Hon'ble Court and the Hon'ble High
Court of Gujarat at Ahmeadabad and have made a mistake in filing the said
affidavit for which the deponent once again regrets and humbly tenders
unqualified apology for the same.
4. That the deponent holds this Hon'ble Court in great respect and esteem
and prays to this Hon'ble Court to graciously be pleased to accept the
humble apology and exonerate the deponent from the purview of the contempt
proceedings, for the offence punishable under Section-195 of the Code of
Criminal Procedure, 1973 for committing an offence relating to submission
of the false documents and from the directions of the Hon'ble High Court of
Gujarat at Ahmedabad to the Council of the Institute of Company Secretaries
of India, constituted under the Company Secretaries Act, 1980, to initiate
appropriate action under Section 21 of the Company Secretaries Act.
5. It is respectfully submitted that the Deponent is a Company Secretary
registered with the Council of the Institute of Company Secretaries of
India. Petitioner is in the profession since 1996 and all along had an
unblemished career. That the deponent never had intention to show any
disrespect or dishonour to this Hon'ble Court of the Hon'ble High Court of
Gujarat at Ahmedabad. The wrong averments in the said affidavit was
unintentional, and under the foregoing circumstances the deponent humbly
begs to be pardoned for the same.”
4. Having gone through the affidavit and having seen the apology thus
tendered therein , we are of the view that the proceedings under the
Contempt of Courts Act are only to be
dropped. If that is so, it would be unjust to permit other proceedings
under Section 195 of the Criminal Procedure Code or under Section 21 of the
Company Secretaries Act,1980 to continue in view of the affidavit we
permitted him to file before this Court.
5. Therefore, all the three proposed actions against the appellant are
set aside, accepting the unconditional apology tendered by him.
6. The appellant shall not indulge in any such adventures in future.
7. The appeal is allowed as above with no order as to costs.
......................J.
[KURIAN JOSEPH]
......................J.
[ROHINTON FALI NARIMAN
NEW DELHI;
JANUARY 21 2016