Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5222 of 2020 Applicant :- Vijay Shankar Upadhyay Opposite Party :- Shri Arvind Kumar Srivastava, Managing Director Counsel for Applicant :- Pramod K. Gupta
Hon'ble Suneet Kumar,J.
Shri P.N. Rai, learned counsel has put in appearance on behalf of the opposite party.
The grievance of the applicant is that the opposite party-contemnor has intentionally and deliberately flouted the order of the Writ Court dated 22.7.2020, passed in Writ Petition No. 5402 of 2020, copy of which order has been annexed to the affidavit accompanying the contempt application.
Learned counsel for the applicant contends that the aforesaid order of the Writ Court was duly served upon the opposite party by registered post vide representation dated 13.8.2020, a copy whereof is annexued as Annexure - 2 to the affidavit accompanying the contempt application. It is contended that in spite of service of the order of the writ Court, same has not been complied with, therefore, the opposite party has deliberately flouted the order of the Writ Court.
The opposite party is bound by the order of this court and in case he does not comply with the directions of the writ court within a period of two months of receipt of this order, without any reasonable cause, the court would have no option but to proceed against him under the Contempt of Courts Act.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within two weeks 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 three weeks from today and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelope within a week thereafter.
In case, opposite party does not comply with the aforesaid directions, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 6.1.2021 S.Prakash