IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P.SANDESH CONTEMPT OF COURT CASE NO.1019 OF 2017 (CIVIL) BETWEEN:
B.P. LOKESH SON OF LATE B.R.P. SWAMY AGED ABOUT 45 YEARS RESIDING AT NO.2101 2ND CROSS JUDICIAL LAYOUT GKVK POST BENGALURU-560 065. ... COMPLAINANT (BY SRI. AKARSH S KANADE, ADVOCATE) AND:
1. M. KIRAN SON OF MUKUDAPPA AGED ABOUT 40 YEARS EX MANAGING DIRECTOR OF ADARSHA FILM AND T V INSTITUTE RESIDING AT NO.178, 7TH CROSS 5TH B MAIN, RPC LAYOUT VIJAYANAGARA 2ND STAGE BENGALURU-560 040.
2. J.D. BASAPPA SON OF HOSAGERAPPA AGED ABOUT 54 YEARS MANAGING DIRECTOR OF ADARSHA FILM AND T V INSTITUTE, RESIDING AT NO.6/1 1ST FLOOR, 16TH CROSS NEAR CHOWDAIAH MEMORIAL HALL MALLESHWARAM BENGALURU-560 003. ... ACCUSED (BY SRI. S.V. SHASTRI, ADVOCATE FOR ACCUSED NO.2 ACCUSED NO. 1 IS SERVED THIS CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS TO PUNISH THE ACCUSED FOR CONTEMPT FOR THE WILLFUL DISOBEDIENCE OF THE ORDER OF THE HON’BLE HIGH COURT OF KARNATAKA IN W.A.NO.320 OF 2017 (S- RES) DATED 12.04.2017.
THIS CONTEMPT PETITION COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This contempt petition has been filed on the ground that the order dated 12.04.2017 passed by the Division Bench of this Court in Writ Appeal No.320 of 2017 has been disobeyed. In terms of the said order, respondent No.3 was directed to release the arrears of subsistence allowance within two weeks from the date of the order and current subsistence allowance be paid on the 7th of each succeeding month.
2. A memo of calculation is filed by the learned counsel for accused No.2 indicating the payments made to the complainant. Considering the same, we are of the view that the aforesaid order has been complied with. That the subsistence allowance has been paid by taking the basic salary and dearness allowance into account.
3. The learned counsel for the complainant is unable to satisfy this Court as to how the complainant is entitled to the entire salary including the emoluments.
4. In view of the fact that the subsistence allowance has been paid, based on the basic salary including the last drawn dearness allowance, we do not find any ground to proceed further. The contempt proceedings are accordingly dropped.
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JUDGE JUDGE