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GOKULDAS KAMATH (EX BANKER)     22 December 2012

Is this contempt of court

A gold loan company has filed a civil suit against me to invoke an Indemnity /Surety bond  and attach my debentures worth Rs.2.00 lakhs.

 

I was working for a gold loan company since 2009 on contarct basis.During February 2012 I was robbed of Rs.7.50 lakhs while performing official duties.There are large number of retired Police Inspectors working as Security Officers in this company.They brought pressure on Police station authorities not to register my complaint and subsequently arranged to lodge a complaint against me that I have misappropriated the amount.I have already complained Commissioner of police for not registering my complaint.Police Investigations are under progress.I had Rs.10.00 lakhs NCD 's with the company

In June 2012 ,Rs.8.00 lakhs was  matured for payment and this amount was repaid by the company without any pror=test and amount was credited to SB account under NEFT..After some time, company had issued  aregistered letter to me in which I was given an option to prematurely withdraw my NCD 's worth Rs.2.00 ;lakhs or continue it till maturity date.Maturity date is 29.10.2012.I gave option to withdraw Rs.2.00 prematurely and submitted NCD reciepts to the company duly discharged

In July 2012,companany filed a civil suit in the civil court of Bangalore in which Indemnity and surety bond is invoked and prayed the court to recover Rs.7.50 lakhs from me and also to attach my NCD ;s of Rs.2.00 lakhs.It is mentioned in the plaint that I have misappropriated Rs.7.50 lakhs and I am making hectic efforts to withdraw it .In fact I had asked for premature withdrawal of NCD 's as per the option given by the company.Court has directed both of us to settle this case without the intervention of court through Mediation.This is also under progress.Company officals says taht they are not agreeable for anything less than Rs.7.50 lakhs and if I pay Rs.7.50 lakhs they will withdraw all the cases against me

Today I have recieved a registered letter from teh company stating that my NCD's which is matured on 29.10.2012 is transferred to a separate account " TRUST A/C " and that I will not be paid any interest after 29.10.2012 and directed me to produce my NCD reciepts  duly discharged with Rs.1.00 revenue stamp to get back my investment.Is this a case of contempt of court and can I take any action against it?While invoking letter of indemnity / surety bond through civil court,company did not give any reasonable notice period.No accountability is fixed by the company on another employee who had accompanied me when this robbery took place

 

Kindly guide me



Learning

 3 Replies

TIRUCHI (LEGAL ADVISOR)     22 December 2012

Hello Dear

Once the court has intervened and the judgement has been announced accordingly. it was obligation on the company to execute the judgement. But contrary to this they acted aainst the mediation order and hence are liable for contempt of court. YOU can move to court against such act and seek remedy.

Goutam Prasad (Advocate)     22 December 2012

The court might have suggested to settle the civil suit filed by your company agaist you through mediation orally as it does not have any jurisdiction to give order to get settled any case. Legally in the circumstances, the incident informed by you is not contempt of court.

As far as payment of interest is concerned, if they does not pay you the matured amount without any court direction and shift money to trust account, they will have to pay interest thereon. For the same you may file application.

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