Rajpal Yadav "breached" an undertaking given to the court for repayment of loan to a financial company
New Delhi:
The Delhi High Court today stayed the conviction of Bollywood actor Rajpal Yadav and his wife Radha for contempt after they "breached" undertakings given to the court for repayment of loan to a financial company in a civil suit.
The recovery suit was filed by Murli Projects Pvt Ltd after Yadav couple failed to re-pay Rs five crore which they had taken as loan to make their Hindi debut film Atta Patta Lapatta in 2010.
A bench of justices B D Ahmed and Vibhu Bakhru stayed the single judge's May 13 order which had held Yadav couple guilty of contempt of court and fixed May 27 for the sentence.
"There shall be stay on the operation of May 13 order passed by the single judge," the bench said and asked Yadavs to give fresh undertaking within a week on the appeal filed by the couple against conviction order.
On May 13, the single judge had referred to various undertakings and assurances given by the couple to court for repayment of the loan with 30 per cent rate of interest to the financial company while holding them guilty.
"If defendants(couple) are discharged, then they would succeed in getting premium for their acts of breach of solemn undertakings and assurances given to this court and the plaintiff( financier company), in the process, will be left with unfulfilled promises of the couple only and the money payable to it shall remain in their bank accounts.
"That merciful and benevolent decision, if taken by this Court, would convey to the public at large that the courts cannot ensure enforcement of the undertakings given to them by the litigants.... I am of the view that the defendants (Yadav couple) are guilty of committing breach of the undertakings given to this Court," as per the conviction order.
The recovery suit was filed by Murli Projects Pvt Ltd after Yadav couple failed to re-pay Rs five crore which they had taken as loan to make their Hindi debut film Atta Patta Lapatta in 2010.
A bench of justices B D Ahmed and Vibhu Bakhru stayed the single judge's May 13 order which had held Yadav couple guilty of contempt of court and fixed May 27 for the sentence.
"There shall be stay on the operation of May 13 order passed by the single judge," the bench said and asked Yadavs to give fresh undertaking within a week on the appeal filed by the couple against conviction order.
On May 13, the single judge had referred to various undertakings and assurances given by the couple to court for repayment of the loan with 30 per cent rate of interest to the financial company while holding them guilty.
"If defendants(couple) are discharged, then they would succeed in getting premium for their acts of breach of solemn undertakings and assurances given to this court and the plaintiff( financier company), in the process, will be left with unfulfilled promises of the couple only and the money payable to it shall remain in their bank accounts.
"That merciful and benevolent decision, if taken by this Court, would convey to the public at large that the courts cannot ensure enforcement of the undertakings given to them by the litigants.... I am of the view that the defendants (Yadav couple) are guilty of committing breach of the undertakings given to this Court," as per the conviction order.
