LexM/S. DAIICHI SANKYO COMPANY LIMITED versus OSCAR INVESTMENTS LIMITED & ORS.
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A B C D E F G H 1020 SUPREME COURT REPORTS [2022] 11 S.C.R. [2022] 11 S.C.R. 1020 1020 M/s. DAIICHI SANKYO COMPANY LIMITED v. OSCAR INVESTMENTS LIMITED & ORS. (Special Leave Petition (C) No. 20417 of 2017) SEPTEMBER 22, 2022 [UDAY UMESH LALIT, CJI, INDIRA BANERJEE AND K.M. JOSEPH, JJ.] Contempt of Court – Held: Contemnor Nos. 9 and 10 were held guilty of committing contempt of the orders passed by the High Court and Supreme Court – They were given an opportunity to purge themselves of contempt – However, the kind of assets offered by Contemnor Nos.9 and 10 in their affidavit are so inadequate that it is impossible to satisfy the amount awarded in favour of the petitioner in the foreign arbitral award – Thus, said Contemnors have failed to purge themselves of contempt – Considering the enormity of their actions, Contemnor Nos.9 and 10 sentenced to suffer the maximum sentence i.e., six months imprisonment – Fine of Rs.5,000/- imposed for having committed contempt of court with default sentence of two months – Further, regarding the role played by the noticee banks and financial institutions, no directions are being passed against them for the present but the executing court or any other authority competent to exercise such power shall do well to appoint forensic auditor(s) to undertake proper exercise to unravel the truth – Directions issued. Delhi Development Authority v. Skipper Construction (2007) 15 SCC 60 I : [2005] 3 SCR 313; Supreme Court Bar Association v. Union of lndia (1998) 4 SCC 409 : [1998] 2 SCR 795; Satya Brata Biswas v. Kalyan Kumar (1994) 2 SCC 266 : [1994] 1 SCR 413; Traders Private Ltd. v. Tosh apartments Private Ltd (2012) 8 SCC 384 : [2012] 10 SCR 307; Rosnan Sam Boyce v. B.R. Cotton Mills Ltd. (1990) 2 SCC 636 : [1990] 2 SCR 381 – referred to. Case Law Reference [2005] 3 SCR 313 referred to Para 19 A B C D E F G H 1021 [1998] 2 SCR 795 referred to Para 19 [1994] 1 SCR 413 referred to Para 19 [2012] 10 SCR 307 referred to Para 19 [1990] 2 SCR 381 referred to Para 19 CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) No.20417 of 2017. From the Judgment and Order dated 21.06.2017 of the High Court of Delhi at New Delhi in CCPO No.21 of 2017. With Contempt Petition (C) No.2120 Of 2018 In Special Leave Petition (C) No.20417 of 2017 and Suo Motu Contempt Petition (C) No.04 of 2019. Mukul Rohatgi, Rakesh Dwivedi, Jaideep Gupta, Krishnan Venugopal, Arvind P. Datar, Kailash Vasdev, Harish N. Salve, Rajiv Nayar, Gaurav Pachnanda, Ms. Meenakshi Arora, Shyam Divan, C.U. Singh, Jayant Mehta, Sr. Advs., Amit Kumar Mishra, Eklavya Dwivedi, Mohit Singh, Ms. Samridhi Hota, Ms. Kanika Singhal, Shivam Pandey, Turab Ali Kazmi, Ms. Saloni Agarwal, Rohan Jaitley, Aditya Shankar, Jaiveer Shergill, Kunal Chatterji, Keshav Dhingra Sehgal, Shivendra Singh, Ms. Maitrayee Banerjee, Pravar Veer Misra, Rahul Unnikrishnan, Anuradha Dutt, Ms. Suman Yadav, Aditya Sarin, Tushar Jarwal, Ms. Neoma Vasudev, Shobhit Ahuja, Ms. B. Vijayalakshimi Menon, H.S. Chandhoke, Sanjeev Kumar, Saleem Ansari, Vaibhav Kakkar, Abhishek Kisku, Anshul Sehgal, Sahil Arora, Rohit Dahiya, Faisal Sherwani, Ms. Ruby Singh Ahuja, Vishal Gehrana, Ms. Kritika Sachdeva, Anmol Jassal, Ms. Namrata Sinha, Ms. Avni Sharma, M/s. Karanjawala & Co., Vivek Jain, Nirvikar Singh, Zulfiquar Menon, Abhishek Singh, Manish Shekhari, Nitin Sharma, Ganesh Khemka, Anuj Berry, Abhik Chakraborty, Govind Manohar, Prateek Yadav, Ms. Anshula Laroiya, Shradul S. Shroff, Pratap Venugopal, Ms. Surekha Raman, Ms. Viddusshi Shandilya, Akhil Abraham Roy, Vijay Valsan, M/s. K J John & Co, Sandeep Devashish Das, Ms. Aishwarya Singh, Ms. Roopali Singh, Ms. Sayobani Basu, Ms. Durga Manda, Anant Misra, Mayank Pandey, Sandeep Joshi, Anang Shandilya, Sanjeev Prakash Upadhyaya, Sanjay Kumar Visen, Atul Sharma, Ms. Renuka Iyer, Abhishek Agarwal, Sanjay Gupta, Ateev Mathur, Amol Sharma, Gagan Gupta, Aman Raj Gandhi, Ms. Sanjana Arora, Ashwani M/S. DAIICHI SANKYO COMPANY LIMITED v. OSCAR INVESTMENTS LIMITED A B C D E F G H 1022 SUPREME COURT REPORTS [2022] 11 S.C.R. Kumar, Rishi Sethi, Vidhur Sikka, Ms. Sandhya Chawla, Kumar Gaurav, Ms. Ritu Reniwal, Robin Khokhar, Mahesh Agarwal, Rishi Agrawala, Ankur Saigal, Himanshu Satija, Nishant Rao, Ms. Mansi Taneja, Ms. Ayushi Aamod, E.C. Agrawala, Ms. Saman Ahsan, Ms. Srijata Majumdar, Ms. Monika Vyas, M/s. Khaitan & Co., Vinam Gupta, Alok Kumar, Ms. Somya Yadava, Ms. Drishti Harpalani, Uday Arora, G.N. Reddy, Varghese Thomas, Hormuz Mehta, Ms.
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