WWW.LIVELAW.

IN

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION (CIVIL) No. OF 2021

IN

WRIT PETITION CIVIL PIL NO. 945 OF 2020

VISHAL TIWARI VERSUS UNION OF INDIA AND ORS.

IN THE MATTER OF:

Ajay Hotel and Restaurant
… Petitioner

Versus
Shaktikant Das and Ors.

…Contemnors

AND
WITH I.A NO. 2021
AN APPLICATION FOR EXEMPTION FROM FILING DULY ATTESTED
AFFIDAVIT

PAPER BOOK
(KINDLY SEE INSIDE)

ADVOCATE FOR THE PETITIONER- ABHIGYA KUSHWAH

 WWW.LIVELAW.IN

FORMAT OF INDEX

Sl Particulars of Document Page No. of part to Remarks

No which it belongs
Part-I Part II
(Contents of (Contents
Paper of file
Book) alone)
(i) (ii) (iii) (iv) (v)

1. Office Report on Limitation, A A

2. Listing Proforma A1-A2 A1-A2

3. Cover Page of Paper Book. A-3

4. Index of Record of Proceedings A-4

5. Limitation Report prepared by the A-5

Registry.

6. Defect List. A-6

7. Note Sheet NS1 to

..
8. Synopsis & List of Dates. B–E

9. Contempt Petition with Affidavit. 1-9

10 Certificate 10
11. ANNEXURE –P-1: 11-17
A copy of Order dated 3.9.2020
passed in Writ civil PIL No. 945 of
2020 and in other connected
petitions.
 WWW.LIVELAW.IN

12. ANNEXURE –P-2: 18-24

A true copy of the Demand Notice
dated 18.05.2021 issued by the
Respondent Bank to the petitioner.
13. I.A NO. 2021 25-27
AN APPLICATION FOR
EXEMPETION FROM FILING
DULY ATTESTED AFFIDAVIT
14.. F/M 28

15.. V/N 29

16. Authority letter 30

 WWW.LIVELAW.IN

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION (CIVIL) No. OF 2021

IN

WRIT PETITION CIVIL PIL NO. 945 OF 2020

IN THE MATTER OF:

Ajay Hotel and Restaurant Petitioner

Versus
Shaktikant Das and Ors.

Contemnors

OFFICE REPORT ON LIMITATION

1. The Petition is/ are within time.

2. The Petition is barred by time and there is no delay days in filing the same

against order dated.............. And petition for condonation of no days delay has

been filed.

3. There is no delay in refilling the petition and petition for condo nation of

days delay in refilling has been filed

BRANCH OFFICER

NEW DELHI.

Dated: 21/05/2021
 SECTION -PIL-W

PROFORMA FOR FIRST LISTING

The case pertains to (Please tick/Check the correct box):

* Central Act : (Title ) Contempt of Court Act 1971.

* Section : Art. 129, 142 of Constitution of

India

* Central Rule : (Title ) N.A.

* Rule No(s). N.A.

* State Act: (Title) N.A.

* Section. Sec. 12 of the Act.

* State Rule : (Title ) N.A.

* Rule No(s) N.A.

* Impugned Interim Order : (Dated) N.A

* Impugned Final Order/Decree :

* High Court : (Name) High Court N.A.

* Names of Judges : N.A.

* Tribunal/Authority : ( Name ) N.A.

1. Nature of Matter Civil

2(a). Petitioners/Appellant No.1,2 AJAY HOTEL AND

RESTAURANT

(b) E-mail ID : N.A.

( c) Mobile Phone Number : N.A.

3 (a) Respondent No.1 : SHAKTIKANT DAS

(b) E-mail ID : N.A.

( c) Mobile Phone Number : N.A.

4 (a) Min Category classification : Enforcement of Supreme Court

Orders.

(b) Sub classification : N.A.

5. Not to be listed before N.A.

6. a. Similar disposed off matter with N.A.
citation, if any & case details:

b. Similar pending matter with case N.A

details:

7. Criminal Matters :

(a) Whether accused/convict has N.A.

surrendered

(b) FIR No. N.A.

(c ) Police Station : N.A.

(d ) Sentence Awarded : N.A.

(e) Sentence Undergone : N.A.

8. Land Acquisition Matters : N.A.

(a) Date of Section 4 notification : N.A.

(b) Date of Section 6 Notification N.A.

(c ) Date of Section 17 notification : N.A.

9. Tax Matters : State the tax effect : N.A.

10. Special Category ( first N.A.

petitioner/appellant only ) :

* Senior citizen 65 years DC/ST * N.A.

Woman/child * Disabled * Legal Aid
case * In custody.

11. Vehicle Number (in case of Motor N.A.

Accident Claim matters):

DATE-21/05/2021

Abhigya
AOR code- 2545
Chamber NO. 94, A.K Sen Block,
Supreme court of India, 110001
Mobile- 9650685154
E-mail- [email protected]
 B

SYNOPSIS & LIST OF DATES

That the WRIT PETITION CIVIL PIL NO. 945 OF 2020 was filed before

the Supreme court of India and it was listed with the other connected

petitions before the Bench on 3.9.2020. A common order came to passed

in all the batch of petitions by which the court directed and declared that

UPON hearing the counsel the Court made the following

ORDER
At the request of the Mr. Tushar Mehta, learned Solicitor
General, the matter is adjourned for 10.09.2020.

Mr. Harish Salve, learned Senior Advocate, submitted that no

account shall become NPA at least for a period of two months.

In view of the above, the accounts which were not declared

NPA till 31.08.2020 shall not be declared NPA till further orders.

The petitioner was granted by the Bank, (A/C 37269521989) through its

Aurad Shahjani Branch from time to time, various credit facilities by way

of financial assistance against various assets creating security interest in

favour of the Bank. That the petitioner was paying the instalments of the

loan regularly and his Account was not turned NPA till 31st August 2020.

That on 18.05.2021 the Respondent No. 3 issued a Demand Notice under

section 13 (2) of the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 to the petitioner

demanding the Amount of Rs. 5,99,983/- (Rupees Five Lakhs Ninety Nine
 C

Thousand Nine Eighty Three Only) as on 18.05.2021 inclusive of interest

up to 18.05.2021.

The respondent bank has unilaterally classified the petitioner no. 1 as NPA

on 30.11.2020 under section 13 (2) of the SARFASIA Act. No Show cause

Notice was given. Despite of the stay order dated 3.9.2020 passed by this

court the Respondents continued to proceed under section 13 (4) of the

SARFASAI Act.

The Stay order dated 3.9.2020 was passed in the presence (through their

legal Representatives/Counsels) of all respondents and were very well

aware of the Stay. The Respondents deliberately flouted the order dated

3.9.2020 which has caused a big damage and loss to the petitioner. The

stay order was passed in the pandemic COVID19 in the benefit of stressed

borrowers so that they shall not suffer in present financial crises during the

pandemic. Already there is slump in the work of the petitioner. The Stay

order was operating as the lifesaving Drug to the petitioner but the

contemptuous act of the Respondent has brought a major setback to the

petitioner and his survival has become critical.

The banks have created utter arbitrary action by turning the account as

NPA despite the stay order of the Supreme Court passed through Writ
 D

Petition 945 of 2020 and after the vacate of the order dated 23.03.2021, the

Banks are again trying to put mental pressure on the borrowers.

27-3-2020 : After the Announcement of lockdown COVID19

The Reserve Bank of India Notice RBI/2019-2020/186 DOR. No. BP.BC.

47/21.04.048/2019-20 dated 27th March,2020 was brought in to grant the

Moratorium and relief of suspension of monthly loan instalments.

23-5-2020 : The Notice RBI/2019-2020/244 DOR. No. BP.BC.

71/21.04.048/2019-2020 dated 23rd May, 2020 was again brought in to

extend the relief for another 3 months that is till 31st, August, 2020.

23.8.2020- Writ petition civil PIL No. 945/2020 was filed.

28.8.2020- The Writ pet. PIL 945/2020 was tagged with the other petition

(Writ pet. Civil no. 825/2020).

3.9.2020- The court passed the common order in the batch of all petitions

that the Accounts which were not declared NPA till 31st August 2020 shall

not be declared NPA till further orders.

30.11.2020- The Respondent Bank turned the A/C (A/c No. 37269521989)

of the Petitioner as Non-Performing Asset despite of the Supreme Court

order.
 E

18.05.2021- The Respondents No.3 issued a Demand Notice under section

13 (2) of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 to the petitioner by turning the

Account NPA and demanding the Amount of Rs. 5, 99,983/- (Rupees Five

Lakhs Ninety Nine Thousand Nine Eighty Three Only) as on 18.05.2021

inclusive of interest up to 18.05.2021.

Hence the present contempt petition.

 1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION (CIVIL) No. OF 2021
IN
WRIT PETITION CIVIL PIL NO. 945 OF 2020
VISHAL TIWARI VERSUS UNION OF INDIA AND ORS.

1. Ajay Hotel and Restaurant

Through its proprietor
Ajay Kumar Makane
Aurad Shahjani.
Latur, Maharashtra -413522
…….PETITIONER

VERSUS

1. Shaktikant Das

Governor Reserve Bank of India

Shahid Bhagat Singh Road,

Mumbai-400 001

2. Sunil Mehta, Chief Executive

Indian Banks Association

6th floor, world Trade Centre,

Centre 1 Building, world Trade centre complex

Cuffe parade, Mumbai- 400005.

3. Dinesh khara, Chairman

State Bank of India

 2

State Bank Bhavan

Madame Cama Marg

Mumbai, 400021

4. Sham Waghmare

Chief Manager, State bank of India

Aurad Shahajani branch - 20265

Nilanga (to), latur count), Maharashtra State -413522

…….ALLEGED CONTEMNORS

PETITION UNDER ARTICLE 129, 142 OF CONSTITUTION OF

INDIA READ WITH SECTION 12 OF CONTEMPT OF COURT

ACT FOR THE WILLFUL DISOBEDIENCE OF THE

DIRECTIONS GIVEN BY THE SUPREME COURT OF INDIA IN

THE WRIT PETITION CIVIL PIL NO. 945/2020 TITLED AS

VISHAL TIWARI V. UNION OF INDIA AND IN THE BATCH OF

CONNECTED PETITIONS COMMON ORDER DATED 3-9-2020

To

The Hon’ble Chief Justice of India

 3

And His Lordship Companion Judges

of this Hon’ble Court

Most Respectfully Showeth:

1. That the petitioner is filing the present petition inter alia highlighting

the wilful and deliberate violation of the Judgment and common order

dated 3.9.2020 passed in the Writ petition civil PIL No. 945/2020 along

with other connected batch of petitions. A copy of Order dated 3.9.2020

is annexed herewith and marked as ANNEXURE-1, Pages to

2. That the WRIT PETITION CIVIL PIL NO. 945 OF 2020 was filed

before the Supreme court of India and it was listed with the other connected

petitions before the Bench on 3.9.2020. A common order came to passed

in all the batch of petitions by which the court directed and declared that

UPON hearing the counsel the Court made the following

ORDER
At the request of the Mr. Tushar Mehta, learned Solicitor
General, the matter is adjourned for 10.09.2020.

Mr. Harish Salve, learned Senior Advocate, submitted that no

account shall become NPA at least for a period of two months.

In view of the above, the accounts which were not declared

NPA till 31.08.2020 shall not be declared NPA till further orders.

That this Stay order was operational throughout the Nation and was in the

Public Interest. The petitioner was granted by the Bank, (A/c No.
 4

37269521989) Respondent no. 3 through its Aurad Shahjani Branch from

time to time, various credit facilities by way of financial assistance against

various assets creating security interest in favour of the Bank. That the

petitioner was paying the instalments of the loan regularly and his Account

was not turned NPA till 31st August 2020.

3. That on 18.05.2021 the Respondent No. 3 issued a Demand Notice under

section 13 (2) of the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 to the petitioner

demanding the Amount of Rs. Rs. 5,99,983/- (Rupees Five Lakhs Ninety

Nine Thousand Nine Eighty Three Only) as on 18.05.2021 inclusive of

interest up to 18.05.2021. A true copy of the demand Notice dated

18.05.2021 is annexed herewith and marked as Annexure P-2,pages to

The respondent bank has unilaterally classified the petitioner no. 1 as NPA

on 30.11.2020 under section 13 (2) of the SARFASIA Act. No Show cause

Notice was given. Despite of the stay order dated 3.9.2020 passed by this

court the Respondents continued to proceed under section 13 (4) of the

SARFASAI Act.

The Demand Notice along with such demand for the defaulted amount do

provide with the threat of recovering the possession of the Petitioners if

 5

within 60 days of the Demand Notice the payment is not made by the

Petitioner.

The Stay order dated 3.9.2020 was passed in the presence (through their

legal Representatives/Counsels) of all respondents and were very well

aware of the Stay. The Respondents deliberately flouted the order dated

3.9.2020 which has caused a big damage and loss to the petitioner. The

stay order was passed in the pandemic COVID19 in the benefit of stressed

borrowers so that they shall not suffer in present financial crises during the

pandemic. Already there is slump in the work of the petitioner. The Stay

order was operating as the lifesaving Drug to the petitioner but the

contemptuous act of the Respondent has brought a major setback to the

petitioner and his survival has become critical.

GROUNDS

A. Because the Respondent No. 3 Flouted the order dated 3.9.2020 of this

court by turning and declaring the Account of the petitioner NPA on

30.11.2020. The Respondent NO. 1 to 3 were duty bound to promulgate

and ensure the compliance of the order of this court throughout the country

but they deliberately didn’t. The order dated 3.9.2020 was operational on

all lending institutions/Banks throughout the country and was passed in the

favour of all borrowers Accounts to grant relief from financial Stress

during COVID19.
 6

B. Because the order dated 3.9.2020 was passed in the presence of

Respondents who were represented by their counsels and all were very well

aware of the Stay order.

C. Because the contemptuous act of the Respondents has not only

disobeyed the courts order but has also caused a severe irreparable damage

and loss to the petitioner. The petitioner has lost his image and has been

defamed as the possession Notice was published in the new papers of his

locality which made the dignity of the petitioner lower.

D. Because the contemptuous act of the Respondents has shaken the

confidence of the public and has degraded the Trust of the borrowers. In

this pandemic where all borrowers are passing through the worst scenario

and financial stress, the Respondents act is very disgraceful and

contemptuous.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court graciously

may please;

(a) Issue notice to the contemnors for have wilfully violated the

order/directions dated 3.9.2020 passed in the Writ petition civil PIL No.

945/2020 Vishal Tiwari v. Union of India and Ors.

 7

(b) Punish the contemnors for having committed contempt of this

Hon’ble Court;

Pass such and other or orders deem fit and proper in the circumstances of

the case in the favour of petitioner.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS AN DUTY

BOUND SHALL EVER BE GREATFULL

Drawn by- filed by

VISHAL TIWARI

Advocate
Supreme court of India
Abhigya
AOR code- 2545
Chamber NO. 94, A.K Sen Block,
Supreme court of India, 110001
Mobile- 9650685154
E-mail- [email protected]
 8

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION (CIVIL) No. OF 2021

IN

WRIT PETITION CIVIL PIL NO. 945 OF 2020

IN THE MATTER OF:

Ajay Hotel and Restaurant
… Petitioner

Versus
Shaktikant Das and Ors.

…Contemnors

A F F I D A V IT

I, Ajay Babruwan Makne, Proprietor of Ajay Hotel and Restaurant, Aurad

Shahjani, Latur -413522 do hereby solemnly Affirms that-

1. That I am Proprietor of the petitioner organisation in the above Petition, I

am well acquainted with the facts and circumstances of the case, and as such, I

am competent to swear this affidavit.

2. That the petitioner have not filed any other Contempt Petition in the

referred with.

3. That the annexures are filed along with this application are true copies of

their respective originals. Other I.A’s have been drafted under my instructions. I