IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR CCC NO. 661/2016 (CIVIL) BETWEEN SRI VENKAPPA NAIK P., S/O LATE M.A.NAIK, AGED 72 YEASR, RETIRED SUPERINTENDING ENGINEER, BRUHAT BANGALORE MAHANAGARA PALIKA, R/AT NO.171, 3RD E CROSS, NEAR CARMEL HIGH SCHOOL, BASAVESHWARANAGAR, BANGALORE-560 097. ... COMPLAINANT (By Sri VIJAYA KUMAR, ADV. FOR B.B.BAJENTRI & ASSOCIATES, ADVS.) AND 1. SRI MAHENDRA JAIN ADDL. CHIEF SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT ROOM NO.436, VIKASA SOUDHA BANGALORE-560 001 (AMENDED V/C/O DT.8.8.2016) 2. SHRI MANJUNATH PRASAD THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE-560 002. ...ACCUSED (By Dr. R.RAMACHANDRAN, ADV.FOR A2; Sri D.NAGARAJ, AGA FOR R1) THIS CCC IS FILED UNDER SECTION 11 & 12 OF THE CONTEMPT OF COURTS ACT, PRAYING THAT THE HON'BLE HIGH COURT BE PLEASED TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING COMMITTED CONTEMPT OF COURT IN NOT IMPLEMENTING THE DIRECTIONS ISSUED BY THIS HON'BLE COURT DATED 03.02.2016 PASSED IN W.P.NO.48571/2014, AND ETC.
THIS CCC COMING ON FOR ORDERS THIS DAY, B.S.PATIL J, MADE THE FOLLOWING:-
ORDER 1. It is not in dispute that order passed by the learned Single Judge, violation of which has been complained of in this contempt petition has been stayed by an interim order dated 18.07.2017 passed in W.A.No.3272/2016. The Division Bench while granting interim stay has made it clear that if the entire arrears of retirement benefits was not deposited within six weeks, interim order shall stand vacated.
2. Learned counsel appearing for accused/respondent submits that entire arrears of retirement benefits has been deposited pursuant to the direction issued.
3. Learned counsel for complainant, however, submits that full amount has not been deposited and therefore, interim order is no longer in force. We do not find it appropriate to go into this question as the appeal is pending and parties have to work out their remedy there.
4. Hence, this contempt proceeding is closed reserving liberty to the complainant to file a fresh petition in case need arises.
Sd/- JUDGE Sd/- JUDGE VP