Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2603 of 2019 Applicant :- Nirottam Singh Opposite Party :- Manish Kumar,Civil Judge Counsel for Applicant :- Onkar Nath Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 27.11.2017 passed in Matters under Article 227 No.7850 of 2017 filed by the applicant, the Court directed as under:
"Considering the above, this petition stands disposed of with the direction upon the Court concerned to consider and decide the the application 6-C2 moved by the petitioner in Original Suit No.241 of 2012,New No.141 of 2015 (Sri Norottam Singh vs. Sri Abid Husain and others) in accordance with law, as expeditiously as possible and preferably within six months 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 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 hear the matter on day-to-day basis, if it is required and decide the same within four months 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 party and another self-addressed stamped 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 party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of 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 party within the stipulated time as aforementioned.
Order Date :- 30.4.2019 RKP