By OnyewuchiOjinnaka
Senior Correspondent
A Federal High Court in Lagos has discharged three Indian brothers, ChandruGanglani, Bharat Ganglani, and TrishulGanglani, who were committed to prison custody for one month for disobedience of court order.
The court also set aside the committal order handed down to the trio, who are directors of Sacvin Nigeria, after hearing their application/motion on notice stating that they had purged themselves of the contempt less than seven days of the committal order.
They purged themselves of the contempt following an amicable resolution of the suit between VIK Industries and Sacvin Nigeria; the terms of settlement dated March 26, 2012 was executed and adopted as the judgment of the court in the suit.
The application was moved by the contemnors/applicants’ counsel, Bernie AzuOtukam-Iyama, seeking an order of the court to discharge them from the committal order of the court made on March 19, 2012.
He also sought the setting aside of the same committal order made by the court on the same date, which committed his clients for civil contempt as the directors and alter ego of the defendant/applicant (Sacvin Nigeria).
After hearing the application, which was not opposed by the respondents, Justice John Tsoho granted the request.
He said the applicants’ motion on notice dated and filed on April 27, 2016 upheld that having purged themselves of contempt less than seven days of the committal order, they were entitled to be discharged from the order and same should be set aside.
He ruled that the order made by the court on March 19, 2012 was to the effect that the three respondents be committed to prison custody until they purged themselves of the contempt.
“Since evidence is furnished of their having purged themselves of the contempt, this application which is not opposed is granted as prayed and orders accordingly” Tsoho ruled.
With the ruling discharging the contemnors and setting aside the committal order, they are now at liberty to process their visas to any country and operate foreign accounts and/or transact business unhindered.
Earlier in their address on the motion on notice before the court, the applicants had through their counsels supported the application with background facts.
They averred that the first and second contemnors/applicants are directors of Sacvin Nigeria whereas the third contemnor/applicant is not and was never a director of the defendant/applicant company.
It was also stated that following the committal of the applicants to prison, there was a meeting of the parties to reach an amicable resolution of the substantive case which culminated in the filling of terms of settlement dated March 26, 2012.
Upon an application of same date, judgment was entered on terms reached by the parties and the contemnors/applicants were released from prison custody on the same March 26, 2012 without a formal order of the court discharging them from the committal order.
They submitted that it was necessary to have the contemnors/applicants discharged properly from the committal order of the court.
They contended that the court order discharging the applicants was necessary because since the committal, they had been refused travel visas and opening of foreign bank accounts which had adversely affected and disrupted their private lives.
They argued that since the suit had long been resolved and settled out of court, it was necessary that the committal order be set aside by the court in the light of reconciliation of the parties.
They said they were entitled to be discharged from the committal order and same set aside in view of the fact that the parties had resolved and settled the issues between them amicably.
The three brothers were committed to prison custody for one month on March 19, 2012 by the same court for disobedience to court order.
They were said to have disregarded a court order restraining them from producing and marketing plastic products using Sacvin Nigeria’slogo, pending the final determination of the subsisting suit instituted against their company by VIK Industries.
