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