Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1651 of 2018 Applicant :- Devansh Hospital Pratibha Colony Opposite Party :- Dr. M.L. Aggarwal, Chief Medical Officer Counsel for Applicant :- Vijay Kumar Sharma
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the applicant.
By order dated 23.01.2018 passed in Writ-C No.2954 of 2017 (Devansh Hospital vs. State of U.P. through its Principal Secretary Health Ministry of Health at Lucknow) filed by the applicant, the writ Court directed as under :
"The petitioner's application for renewal of his registration certificate for running the Hospital is pending consideration before the Chief Medical Officer, Aligarh.
We dispose of the writ petition directing the authority concerned to pass appropriate order on the petitioner's application within a period of four weeks from the date of production of a certified copy of this "
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 writ Court within a further period of one month from the date of receipt of this order.
The applicant shall supply a duly stamped registered envelop addressed to the opposite party 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 envelop of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
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 :- 30.3.2018 NLY