Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5793 of 2018 Applicant :- Awanish Kumar Dubey Opposite Party :- Amit Kumar Counsel for Applicant :- Sandeep Kumar Dubey,Pankaj Misra
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant.
The grievance of the applicant is that the opposite party-contemnor has intentionally and deliberately flouted the order of the appellate Court dated 21.02.2018 passed in Special Appeal No. 108 of 2018, whereby, the appellate Court had directed the opposite party to consider the claim of the applicant.
Learned counsel for the applicant contends that the aforesaid order of the appellate Court was duly served upon the opposite party vide application dated 09.03.2018. It is contended that in spite of service of the order of the appellate Court, same has not been complied with, therefore, the opposite party has deliberately flouted the order of the appellate Court.
The opposite party is bound by the order of this court and in case he does not comply with the directions of the appellate court within a period of two months of receipt of this order, without any reasonable cause, the court would have no option but to proceed against him under the Contempt of Courts Act.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within two weeks 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 three weeks from today and keep a record thereof.
The opposite party shall comply with the directions of the appellate court and intimate him of the order through the self-addressed envelope within a week thereafter.
In case, opposite party does not comply with the aforesaid directions, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 30.10.2018 K.K. Maurya