Karnataka High Court
M/S Parle Products Pvt Ltd vs State Of Karnataka on 30 May, 2013
Bench: N.Kumar, B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30th DAY OF MAY 2013
PRESENT
THE HON'BLE MR. JUSTICE N.KUMAR
AND
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
CCC Nos.422/2013(Civil)
BETWEEN :
M/s.Parle Products Pvt.Ltd.,
15, K.M.Stone
Tumkur Road
(N.H.No.4)
Bangalore 560 073.
Represented by Sri N.Suresh
Manager- Bangalore Operations.
...Complainant
(By Sri S.Sriranga, Ms.Sumana Naganand, Advs.
for Just Law, Adv.)
AND :
1. State of Karnataka
Department of Home
Vidhana Soudha
Bangalore 560 001
Represented by its Principal Secretary
V.Umesh, Aged Major.
2. Director General of Police
State of Karnataka
Nrupathunga Road
No.1, Bangalore 560 002.
Sri L.R.Pachau, Aged Major.
-2-
3. Commissioner of Police
Infantry Road
Bangalore District
Bangalore 560 025.
Sri B.G.Jyothiprakash Mirji
Aged Major.
4. Asst.Commissioner of Police
Yeshwanthpur
Bangalore 22.
Chandrappa, Aged Major.
5. Inspector of Police
Peenya Police Station
Bangalore.
Sri Shamanna, Aged Major.
6. Parle Workers Union
No.25, Byrappa Layout
Nagashettihalli
Bangalore 560 094.
Sri K.S.Subramanya , Aged Major.
7. Mr.K.S.Subramanya
Aged Major
President
25, Byrappa Layout
Nagashettihalli
Bangalore 560 094. ...ACCUSED
(A4 to A7 are served)
. . . .
This CCC are filed under Sections 11 and 12 of
the Contempt of Court Act by the complainant, wherein
he prays to initiate appropriate contempt proceedings
against the accused for disobeying the order dated
13.02.2013 passed by the Hon'ble High Court in Writ
Petition No..5056-60/2013 (GM-POLICE)
-3-
This CCC coming on for orders, this day, N.Kumar
J., delivered the following:
ORDER
This contempt petition is filed complaining of the interim order passed in MFA No.1642/2012 on 16.02.2012 as well as the order dated 13.02.2013 passed by this Court in WP Nos.5056-60/2013.
2. In the said order, at page-8, it is observed as under:
"If the members of Respondent No.6 -
Union have violated the interim order
granted by this Court in MFA
No.1642/2012, it is also open for the
petitioner to file an application under Order- 39 Rule-2A of CPC for initiating the appropriate action."
3. Again at page.9, it is observed as under:
"If there is any violation of the interim order in future, it is open for the petitioner to take such action as is open to him in law. It is needless to observe that the petitioner may take Police help also in order to see that -4- the order of this Court is strictly implemented."
4. In view of the same, it is clear that the complainant has to approach the Civil Court with an application under Order 39 Rule 2A of CPC and also an application seeking Police help.
5. In that view of the matter, these proceedings cannot be proceeded with further. If such a request is made, the Civil Court shall certainly give effect to the order passed by this Court. Ordered accordingly.
Sd/-
JUDGE Sd/-
JUDGE Sk/-