Bombay HC sentences film producer Gaurang Doshi to six months of imprisonment

MUMBAI: The Bombay high court has sentenced film producer Gaurang Doshi to six months of imprisonment in civil prison for willful breach of court orders. Justice S J Kathawalla handed out Doshi, the maximum sentence under the law for civil contempt of court, observing that an "unhealthy trend" was on the rise among a section of litigants to brazenly flout law and orders with impunity due to “leniency shown by courts in such matters."

The HC in an October 25 order, held Doshi guilty of contempt of court for having willfully breached its earlier orders to deposit Rs 1.25 crore in court and furnish assets.

“If the breach of the order amounts to willful disobedience, then a contempt will lie," said Justice Kathawalla.

“A lenient sentence in this case," said the HC, “would mean and send a message that the court is itself not outraged by the flagrant disregard shown by the contemnors…it would further indicate that the litigants can flout provisions of law with impunity and still be shown mercy and forgiveness by courts. Such a trend, in my opinion, would destroy the very principle of deterrence," said the HC.

The HC ordered a warrant of arrest against Doshi and directed its immediate execution by the office of Mumbai Sheriff. The HC however, due to her “very advanced age" accepted an unconditional apology tendered by his mother, Madhukanta Doshi, a director of Gaurang Doshi Productions Pvt Ltd by imposing on her a fine of Rs 2000 for willful breach of its order.

The order was in a contempt petition filed last October by a company that had given money to finance a film to be produced by Doshi’s production company. Scorg International Consulting Private Limited and its director Dheeraj Jain had petitioned the HC against Gaurang Doshi Productions Private Limited and its Directors, Gaurang Doshi and his mother alleging, “willful disobedience and contempt of the Orders." It had sought maximum punishment, which is six month simple imprisonment, against the Doshis.

Gaurang Doshi Production Private Limited was producing a feature film called “Aankhen-2” for which Scorg International Consulting Private Limited said it gave Rs 1 crore under a December 2015 agreement. The money was to be refunded by March 2017. Later, by February 2017, Scorg had given Rs 25 lakh more. But with no refund forthcoming after due date, the court proceedings were initiated by Scorg for recovery. Its counsel Abhinav Chandrachud said even if a decree would be executable, willful default would still amount to contempt of court as Doshi had failed to abide by a June 2017 HC order to deposit the amount pending the proceedings. Doshi, had appeared before the HC earlier this year but later despite assuring his presence for September 2018 did not show up the HC order released late last week noted. Besides, a Rs 10 lakh cheque of his to Scorg was also dishonoured earlier this year.

The HC observed that in other contempt petitions filed by other parties Gaurang Doshi had stated that he has no rights in the film.

He neither appeared before the court nor has he paid any further amount, instead, “Doshi chose to remain abroad for several months,” observed the HC adding that he had “made false statements in court and has always disobeyed the directions of the court including the breach of an order directing him to make disclosure of all his assets."

The HC in 2012 had observed in a petition pending since 2000, how an “unhealthy trend seems to have set in amongst a section of litigants, who often brazenly and with impunity flout provisions of law or orders passed by the Courts." "At such times, the court cannot be a mute spectator, but needs to step in and be proactive in stopping this unhealthy trend, which would otherwise corrode the faith of the common man in the judiciary as a means of redressing his grievances," said justice Kathawalla.

“Unfortunately”, he noted, even after five years, “there is no improvement in this unhealthy trend" which instead is on a rise each day.