Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5202 of 2019 Applicant :- Vinod Kumar Opposite Party :- Omkar Yadav, Managing Director Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful and deliberate defiance of the order dated 23.11.2017 passed by Hon'ble Apex Court in Civil Appeal No.19662 of 2017, arising out of Special Leave Petition No.23410 of 2017, (Medical Council of Indi vs. G.C.R.G. Memorial Trust and ors).
Shri B.B. Pandey, learned Chief Standing Counsel has raised a preliminary objection regarding maintainability of the present contempt application. In support of his submission, he has placed reliance on the judgement of Hon'ble Apex Court in Special Leave Petition (Civil) No.17688 of 2013 (M/s Rajureshwar and Associates vs. State of Maharashtra and others) decided on 8.4.2013, wherein it was held that the judgment and order passed by a particular Court, especially the Supreme Court if alleged not to have been complied, will have to be taken care of and addressed by the Court which passed the order sought to be complied.
In the facts and circumstances, this Court is of the opinion that non-compliance of the judgement and order passed by Hon'be Apex Court will have to be addressed by Hon'ble Apex Court itself and not by the High Court, specially when no such liberty was given by the Hon'ble Apex Court to initiate any proceeding in the High Court alleging non-compliance of its order.
The contempt application is totally misconceived and the same is accordingly dismissed.
Order Date :- 26.9.2019 RKP