The Hon’ble Sri Justice C.V.Nagarjuna Reddy Contempt Case No.693 of 2014 Between: Vakity Sushma
Dated 24.04.2014
…Petitioner And Sri Ajith Kumar Nair …Respondent Counsel for the Petitioner: Mr.T.Rajinikanth Reddy Counsel for the respondent: ---
The Court made the following:
Order:
This Contempt Case is filed alleging willful disobedience of Order, dated 07-02-2013, in WP.No.35234 of 2012, by the respondent.
At the hearing, Mr.T.Rajinikanth Reddy, learned Counsel for the petitioner, fairly stated that before filing this Contempt Case his client has not issued notice to the respondent to implement the order of this Court.
As the Contempt Case is quasi-criminal in nature, the burden lies on the petitioner to prima facie show that despite her approaching the respondent to issue a letter of intent, the latter has refused to issue the same and violated the order of this Court. The least that is expected of the petitioner before filing a Contempt Case is to issue notice to the respondent calling upon him to implement the order of this Court. In view of the failure of the petitioner to follow this procedure, I am not inclined to entertain this Contempt Case.
The Contempt Case is, accordingly, dismissed, however, with liberty to the petitioner to first approach the respondent for the letter of intent and in the event, he refuses to issue the same, the petitioner is permitted to issue a legal notice to the respondent. Despite such legal notice, if the respondent has not implemented the order of this Court, the petitioner shall be free to file a fresh Contempt Case.
(C.V. Nagarjuna Reddy, J) 24th April, 2014
LUR