Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4726 of 2021 Applicant :- Narendra Tiwari (Since Deceased) And 6 Others Opposite Party :- Kavita Kumari, Learned Civil Judge Counsel for Applicant :- Rajendra Kumar Ojha
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 31.08.2018 passed in Matter Under Article 227 No. 6367 of 2018 (Narendra Tiwari (Since Deceased) and 6 Others Vs. Smt. Meera and 2 Others), which for ready reference is quoted as under:-
"Heard learned counsel for the plaintiff-applicants.
In view of the order, which is proposed to be passed, notices need not go to the defendant-respondents.
The applicants have approached this Court to expedite the proceedings of Suit No.619 of 2006 (New No.1309 of 2017) (Narendra Tiwari vs. Smt. Meera Devi and others) pending before learned Civil Judge (Senior Division) Gorakhpur.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
" It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."
Considering the above, this petition stands disposed of with the direction upon the Court concerned to expedite the proceeding of pending Suit No.619 of 2006 (New No.1309 of 2017) (Narendra Tiwari vs. Smt. Meera Devi and others) and conclude the same, in accordance with law, as expeditiously as possible and preferably within two years from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost. "
Learned counsel for the applicant submits that a copy of the aforesaid order 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 without any delay in its letter and spirit.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 Swati