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“Apology made by the petitioner in person has got no doubt in mind that contemner in the present case has given or tendered a sincere apology and has satisfied the Court of his undertaking to never repeat such an act again.”
“If he will be allowed to go scot free, message will go in the society that anything can be stopped to be delivered by a Judge for if such type of hooliganism is made in the open Court.”
The intention of both the parties where to go for arbitration, is at Ranchi and the proceeding after permission of the High Court was also conducted at Ranchi and in the agreement, the seat is also said to be at Ranchi. Thus, Ranchi court is having jurisdiction.
In the present case, the petitioner has helped one lady against the allegation of incumbent sitting Chief Minister, which clearly suggests that maliciously the case was registered against the petitioner and the investigation was also made with pre-occupied mind.
The Court stated that allowing the proceedings to continue will amount to an abuse of the process of law.
The Court stated that when a decision of a coordinate bench of the same High Court is brought in notice, it is to be respected and is binding to the Bench of such co-equal strength. For taking a different view, it is required to refer the question to the larger bench, as it is the only course of action open to a Bench of a co-equal strength.