Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5404 of 2019 Applicant :- M/S Bahuddeshiya Vipadan Sehkari Sarniti Opposite Party :- Ashok Kumar, Secretary Counsel for Applicant :- Pankaj Sharma,Prashant Sharma
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 29.05.2019 passed in Writ-C No.18929 of 2019 (M/S Bahuddeshiya Vipadan Sehkari Sarniti v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 29.05.2019 is quoted as under:-
"In view of the aforesaid facts and circumstances, we dispose of the writ petition with the direction that the petitioner may raise his grievance by means of a fresh representation before the Secretary, Krishi Utpadan Mandi Samiti, Moradabad, respondent No.4, though he has already submitted a representation in this regard on 2.4.2019, within a period of two weeks from today, and in case any such representation is made the respondent No.4 shall consider and decide the same in accordance with law most expeditiously, if possible within a period of six weeks from the date of filing of the representation. In the meantime, for a period of two months or till the decision of the representation, whichever is earlier, no coercive measures shall be taken against the petitioner for recovery of the disputed amount."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have 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 parties to comply with the aforesaid order of the Court within three weeks 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 parties and another self-addressed 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 26.8.2019 A. Pandey