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TMI Blog1996 (9) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... gh his counsel. The court also directed that the remaining amount will be put in a fixed deposit for a further period of 25, months. As the fixed deposit was with Oriental Bank of Commerce, Shimla, the counsel, who was appearing in that matter along with her client Sh. Shambhu Dutt, went to the bank on March 29, 1996, and produced a copy of the order and memo issued by this court. The respondent, who was the manager of the bank, refused to release the amount and asked the counsel either to accept a pay order in her name to be deposited in her account or in the alternative to open a fresh account in her name in the bank in which the amount to be released would be deposited. Counsel made a report to this court by her letter dated April 8, 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e modes of payment suggested by him to the advocate was not any refusal to obey the order of the court and he was bound by law to make payment only in the said modes. Learned counsel for the respondent has repeated the contentions set out in the affidavits and submitted that there is no wilful disobedience on the part of his client and that his client is not guilty of any contempt within the meaning of section 2(c) of the Contempt of Courts Act. In so far as civil contempt is concerned, section 2(b) defines it as wilful disobedience of any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. In this case, the order of the court dated March 4, 1996, does not specify the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad specified the mode of payment in cash, the respondent could not refuse to make such payment. In the absence of such a specific direction of the court, it was not wrong on the part of the respondent to have relied upon the circular of the Reserve Bank of India and section 269T of the Income-tax Act. In any event, there is no question of wilful disobedience of the order of the court on the part of the respondent. According to clause (c) of section 2 of the Contempt of Courts Act, 1972, criminal contempt is defined as any publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which scandalises or tends to scandalise, or lowers or te ..... X X X X Extracts X X X X X X X X Extracts X X X X
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