Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3445 of 2021 Applicant :- Daya Shankar Opposite Party :- Sri Amit Mohan Prasad And 2 Others Counsel for Applicant :- Satyendra Kumar Mishra
Hon'ble Prakash Padia,J.
Pursuant to the order passed by this Court a counter affidavit has been filed by the opposite party no. 3. It is stated in paragraph-4 of the aforesaid affidavit that a detailed counter affidavit along-with stay vacation application has been filed in the aforesaid writ petition namely Writ A No. 6492 of 2021 on 04.10.2021.
In this view of the matter, a request has to be made before the Writ Court to decide the matter before proceeding further with the matter.
In the circumstances, unless and until submission raised in the application seeking vacation is adequately addressed and rejected no case for initiation of contempt proceedings is made out.
In view of the same, the present contempt application is disposed of finally permitting the applicant to file his rejoinder affidavit in the aforesaid Writ Petition if possible within two weeks' from today. After rejoinder affidavit is filed, an application for the early listing be filed for early listing. If such application is filed, the Writ Court is requested to decide the stay vacation application at the earliest.
Order Date :- 7.10.2021 Swati