Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5421 of 2019 Applicant :- M/S Mahima Rice Mill 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 18.04.2019 passed in Writ-C No.13532 of 2019 (M/S Mahima Rice Millv. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 18.04.2019 is quoted as under:-
"In view of the above, irrespective of the above representation we permit the petitioner to make a fresh representation about the payment of the mandi samiti and that the recovery need to be withdrawn within a period of two weeks from today. In the event any such representation is filed, the respondent no. 4 shall consider it and pass a speaking order in accordance with law, expeditiously preferably within a period of six weeks from the date of submission of such representation."
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