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Karnataka High Court

M/S Rays Power Infra Limited vs Gaurav Gupta on 15 January, 2025

                                              -1-
                                                       NC: 2025:KHC:1372-DB
                                                         CCC No. 32 of 2025




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 15TH DAY OF JANUARY, 2025

                                           PRESENT
                          THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
                                             AND
                               THE HON'BLE MR JUSTICE M.I.ARUN
                            CIVIL CONTEMPT PETITION NO. 32 OF 2025
                   BETWEEN:

                   1.   M/S RAYS POWER INFRA LIMITED
                        A COMPANY INCORPORATED UNDER THE
                        PROVISIONS OF THE COMPANIES ACT, 2013
                        HAVING ITS REGISTERED OFFICE AT 1ST-21
                        EVERSHINE MALL NORTH METER CABIN 1,
                        MALAD WEST MUMBAI - 400 064
                        REPRESENTED BY ITS AUTHORIZED SIGNATORY
                        MR. SANNA THIPPESWAMY

                   2.   RAYSALFA POWER PRIVATE LIMITED
                        A COMPANY INCORPORATED UNDER THE
Digitally signed        PROVISIONS OF THE COMPANIES ACT, 2013
by H K HEMA
Location: HIGH          HAVING ITS REGISTERED OFFICE AT 605, SIXTH
COURT OF
KARNATAKA               FLOOR, MANJUSHA BUILDING, 57 NEHRU PLACE
                        DELHI, SOUTH DELHI - 110 019
                        REPRESENTED BY ITS AUTHORIZED SIGNATORY,
                        MR. SANNA THIPPESWAMY

                   3.   DADUR SOLAR POWER PRIVATE LIMITED
                        A COMPANY INCORPORATED UNDER THE
                        PROVISIONS OF THE COMPANIES ACT, 2013
                        HAVING ITS REGISTERED OFFICE AT D-43,
                        JANPATH, SHYAM NAGAR,
                          -2-
                                  NC: 2025:KHC:1372-DB
                                      CCC No. 32 of 2025




     JAIPUR-302019
     REPRESENTED BY ITS AUTHORIZED SIGNATORY,
     MR. SANNA THIPPESWAMY

4.   NILAJ SOLAR POWER PRIVATE LIMITED
     A COMPANY INCORPORATED UNDER THE
     PROVISIONS OF THE COMPANIES ACT, 2013
     HAVING ITS REGISTERED OFFICE AT P.NO. 65,
     SARDAR PATEL MARG, C-SCHEME,
     ASHOK NAGAR, JAIPUR - 302 001
     REPRESENTED BY ITS AUTHORIZED SIGNATORY,
     MR. SANNA THIPPESWAMY

5.   ANNIGERI SOLAR POWER PRIVATE LIMITED
     A COMPANY INCORPORATED UNDER THE
     PROVISIONS OF THE COMPANIES ACT, 2013
     HAVING ITS REGISTERED OFFICE AT 65, SARDAR
     PATEL MARG, C. SCHEME, ASHOK NAGAR, JAIPUR
     302001 REPRESENTED BY ITS AUTHORIZED
     SIGNATORY, MR. SANNA THIPPE SWAMY

6.   SIRA SOLAR POWER PRIVATE LIMITED
     A COMPANY INCORPORATED UNDER THE
     PROVISIONS OF THE COMPANIES ACT, 2013
     HAVING ITS REGISTERED OFFICE AT 65,
     SARDAR PATEL MARG, C SCHEME,
     ASHOK NAGAR, JAIPUR 302001
     REPRESENTED BY ITS AUTHORIZED SIGNATORY,
     MR. SANNA THIPPESWAMY
                                      ...COMPLAINANTS
(BY SRI. SHIVA SHANKAR C, ADVOCATE)
                            -3-
                                      NC: 2025:KHC:1372-DB
                                        CCC No. 32 of 2025




AND:

1.   GAURAV GUPTA
     ADDITIONAL CHIEF SECRETARY,
     DEPARTMENT OF ENERGY
     VIKASA SOUDHA
     DR. B.R. AMBEDKAR VEEDHI,
     BANGALORE - 560 001
                                              ...ACCUSED


2.   THE STATE OF KARNATAKA
     DEPARTMENT OF ENERGY, VIKASA SOUDHA,
     DR. B.R. AMBEDKAR VEEDHI,
     BANGALORE - 560 001
     REPRESENTED BY THE ADDITIONAL CHIEF
     SECRETARY TO THE GOVERNMENT


                                 ...PROFORMA RESPONDENT

(BY SMT. PRAMODHINI KISHAN, AGA)

       THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971 AND RULE 3 OF THE
HIGH COURT OF KARNATAKA (CONTEMPT OF COURT
PROCEEDINGS)     RULES,   1981,    PRAYING   TO   INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ADDITIONAL CHIEF
SECRETARY THE ACCUSED NO.1 AND DECLARE THAT THE
ADDITIONAL CHIEF SECRETARY THE ACCUSED NO.1 IS
GUILTY OF CONTEMPT BY WILFULLY AND DELIBERATELY
VIOLATING THE ORDER DATED 19.12.2024 IN WRIT PETITION
NO.35002 OF 2024 (ANNEXURE-C), ETC
                                   -4-
                                               NC: 2025:KHC:1372-DB
                                                  CCC No. 32 of 2025




      THIS    PETITION,      COMING       ON    FOR     PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:



CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE M.I.ARUN


                         ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) It is not in dispute that the order dated 19.12.2024 passed by learned Single Judge in Writ petition No.35002 of 2024 is an interim order. The proceedings of the main petition are still pending at large on merits to be considered by learned Single Judge.

2. In the aforesaid view, when the order is interim and the rights of any of the parties are not finally crystallized, the Court is not inclined to exercise the contempt jurisdiction more particularly, it could not be said that there is any trapping of finality in the order.

3. The issue and the grievance which is the subject matter of contempt will be decided in the main petition where the -5- NC: 2025:KHC:1372-DB CCC No. 32 of 2025 complainant may work out his rights and remedies. Without expressing any opinion on merits, the contempt petition is not entertained and is disposed of.

SD/-

(N. V. ANJARIA) CHIEF JUSTICE SD/-

(M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 10