Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1193 of 2014
Applicant :- Arun Kant Mishra
Opposite Party :- Nerav N. Sutaria Prop. Varuna Pump Agency And Another
Counsel for Applicant :- S.N. Dubey
Counsel for Opposite Party :- S.C.,Diptiman Singh
Hon'ble Mahesh Chandra Tripathi,J.
At the very outset, Sri Diptiman Singh, learned counsel for the opposite party raised the objection that in the present matter, admittedly, the applicant himself has proceeded to file a review/recall application of the Writ Court's order against which he has alleged the non-compliance. He further makes an objection that so far as the proceeding under Section 6H(2) of the U.P.Industrial Disputes Act, 1947 is concerned, the same is also pending consideration before the competent authority. In support of his submissions, he has placed reliance upon the judgment of Delhi High Court in DGU Workers Union Vs. Kishu Tekchandani 2004 (114) DLT 22 and Division Bench judgment of Madras High Court in Gopalakrishnan R Vs. Management of Binny Limited 2001 LawSuit(Mad) 456.
The Court has proceeded to examine the record in question and also perused the aforesaid judgments. In the facts and circumstances, the Court is of the opinion that both the aforesaid judgments cited by learned counsel for the opposite party are applicable in the present matter and as such finds no reason or occasion calling upon any proceeding against the opposite parties under Section 12 of the Contempt of Courts Act, 1971.
The contempt application is totally misconceived and the same is accordingly rejected.
Order Date :- 29.5.2019 A.K.Srivastava