Case :- CONTEMPT APPLICATION (CIVIL) No. - 5108 of 2019 Applicant :- Adwitiya Saha And Another Opposite Party :- Ali Raza, Additional Sessions Judge Counsel for Applicant :- Janardan Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants.
By order dated 24.5.2018 passed in Application U/S 482 No.8124 of 2018 filed by the applicants, the Court directed as under:
"Considering the above, the impugned order dated 24.01.2018 is set aside and this matter remitted to the learned court below to re-examine the issue whether the opposite party No.2 deserves any indulgence by seeking recall of the order of the ex parte order and if at all any indulgence may be granted then the learned court below may also examine the appropriate cost that may have been imposed on the opposite party No.2.
The application under Section 126 (2) may be disposed of as expeditiously as possible, within a period of one month from today from the date of production of certified copy of this order.
For the above purpose, it is provided that the matter shall appear before the learned court below for the first time on Monday i.e. 11.06.2018 on which date, both parties shall remain present before the learned court below, whereafter further date may be fixed in the proceedings.
The present order has been passed in the presence of opposite party No.2 and learned counsel for the applicant, who shall both ensure that this order is complied with.
Accordingly the present application is disposed of on the above terms."
Learned counsel for the applicants submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
As per ordersheet definitely the cognizance has been taken and on the said date i.e. 11.6.2018 the Advocates were abstaining from the work. The matter was fixed on 27.6.2018 and on the said date the Presiding Officer himself was on leave. Thereafter the matter was listed on 12.7.2018, 8.8.2018, 14.9.2018, 17.10.2018, 1.11.2018 and 14.11.2018 and on the said date the Advocates were abstaining from the works. Admittedly, thereafter various dates were fixed in the matter.
notice to the Presiding Officer. However, the writ court order must be complied with in letter and spirit.
The contempt application is disposed of.
Order Date :- 26.8.2019 RKP