Allahabad High Court
Union Of India And 2 Others vs Baquar Shamim Rizwi, Civil Judge ( Sr. ... on 6 August, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4639 of 2019 Applicant :- Union Of India And 2 Others Opposite Party :- Baquar Shamim Rizwi, Civil Judge ( Sr. Div.), Civil Court Counsel for Applicant :- Devendra Tripathi 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 parties for wilful disobedience of the order dated 04.10.2018 passed in Matters Under Article 227 No.7581 of 2018 (Union of India & Ors. v. M/s Star Paper Mills Ltd., Saharanpur), which for ready reference is quoted as under:-
"For the dispute raised by the petitioners in the present petition with regard to the order of the court below in granting relief to the plaintiff to institute the suit without serving a notice under Section 80 of the Code of Civil Procedure, it would be open for the petitioners/defendant to raise a dispute and get a issue framed.
With regard to the prayer for setting aside the exparte injunction order dated 5.7.2018, it is relevant to note that the petitioners herein have filed an objection to the interim injunction application.
So far as interim injunction application is concerned, it is observed that the court below shall first frame the issue with regard to the competence of such suit in absence of notice under Section 80 of the Code of Civil Procedure and then proceed to decide the interim injunction application on merits and make an endeavour to decide the aforesaid matters, expeditiously, preferably within a period of three months from the date of submission of certified copy of this order.
With the aforesaid observations/directions, this writ petition is disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order and if necessary day to day hearing may be ensured in the matter.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 6.8.2019 SP/