The bench of justices Hima Kohli and Rajesh Bindal scolded a person very badly for not appearing in person despite service.

The bench took serious note of the absence of the person's absence. Although the person was present through virtual mode but the court first muted him and was not happy to see him in this way.

The Court was hearing a contempt petition wherein respondent Vikas Bhatt was directed to appear personally. The case was listed yesterday also when the court directed him to appear today but he failed.

When the case was last listed on 16th May 2023, the Supreme Court bench led by Justice Krishna Murari observed, "After hearing learned counsel for the parties, we find that the order is still not complied with and the respondent-alleged contemnor is not coming up either with any defence or any suggestion as to how and by what time the payment shall be made in compliance of the order.

In the interest of justice, as a last opportunity, three weeks and no more further time is granted to the alleged contemnor to file an affidavit of compliance failing which he shall again appear in person before this Court on 10.07.2023 to face further proceedings."

At the end of today's hearing, the court when unmuted the respondent on virtual mode, he expressed that he is in China to sign some agreement and he may be permitted to remain present on the next date of hearing on 18.07.2023. 

The Court accepted his prayer and directed him to appear in person on the said date, or else serious action would be taken against him.

The contempt proceedings is arising out of an Arbitration Petition No. 22/2021 where the following order was passed by the Supreme Court,

"According to learned Senior Advocate, they have given a Bank Guarantee for   Rs.50,00,00,000/­   (Rupees   Fifty   Crores)   which is lying in the  Delhi  High Court.  He further submits that they are willing to deposit another   Rs.5,00,00,000/­   (Rupees   Five   Crores) before the Delhi High Court. The total amount of Rs.55,00,00,000/­ (Rupees Fifty-Five Crores only) will be available with the Delhi High   Court and they have no objection if the said amount is withdrawn by the petitioner.

So   far   as   the   balance   amount   of   Rs.12,00,00,000/­   (Rupees Twelve Crores) is concerned, learned Senior counsel prays for grant of three months’ time from today to deposit the said amount with the Delhi High Court."

The contempt Petition was filed by Advocate Rajiv Shankar Dvivedi and argued by Ratan K. Singh, Sr. Advocate whereas the contemnor was defended by Advocate Shreeyash U. Lalit.

Case Details:-

CONMT.PET.(C) No. 326/2022 in ARBIT.CASE(C) No. 22/2021
MUTEXIL SARL
Versus
VIKAS BHATT