Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2598 of 2019 Applicant :- Arvind Kumar Opposite Party :- Ramesh Tiwari Custodian Of Enemy Property 2nd Floor Counsel for Applicant :- Om Prakash Rai,Ashish Rai Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 19.12.2018 passed in Writ C No.42159 of 2018 filed by the applicant, the Court directed as under:
"The writ petition is disposed of with the observation that in case any objection of the petitioners is pending before the Custodian-respondent no.2 against declaration of Enemy Property, the same be considered and decided in accordance with law, as far as possible, within a period of two months from the date a certified copy of this order is presented before the authority concerned."
Learned counsel for the applicant 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.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within two months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 30.4.2019 RKP