Supreme Court - Daily Orders
Assam State Agr.Mrkg.Board vs M/S Gopiram Chetram . on 13 January, 2014
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ITEM NO.47 COURT NO.8 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).15765/2012
(From the judgment and order dated 09/04/2012 in WP No.1762/2012 of the
HIGH COURT OF GUWAHATI ,ASSAM)
ASSAM STATE AGR.MRKG.BOARD & ANR Petitioner(s)
VERSUS
M/S GOPIRAM CHETRAM & ORS. Respondent(s)
(With prayer for interim relief and office report)
Date: 13/01/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURINDER SINGH NIJJAR
HON’BLE MR. JUSTICE A.K. SIKRI
For Petitioner(s) Mr. Arunabh Chowdhury, Adv.
Mr. Vaibhav Tomar, Adv.
Mr. Anupam Lal Das, Adv.
Mr. Kama Dorjee, Adv.
Mr. Gainilung Panmei, Adv.
For Respondent(s) Mr. Rajshekhar Rao, Adv.
Ms. Liz Mathew,Adv.
Ms. Gauri Puri, Adv.
Ms. Vartika S. Walia, Adv.
for M/S Corporate Law Group
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
|(VINOD LAKHINA) | |(INDU BALA KAPUR) | |COURT MASTER | |COURT MASTER | (SIGNED ORDER IS PLACED ON THE FILE) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.308 OF 2014 [Arising out of Special Leave Petition (Civil) No.15765 of 2012] ASSAM STATE AGRICULTURAL MARKETING BOARD & ANR. ...APPELLANTS VERSUS M/S GOPIRAM CHETRAM & ORS. ...RESPONDENTS ORDER Leave granted.
By the impugned interim order, a Division Bench of the High Court has directed to issue suo motu notice of contempt to the appellants to show cause why contempt proceedings be not initiated. The challenge to the aforesaid order has been made by the appellants - Assam State Agricultural Marketing Board and another - on the ground that the impugned order dated 9th April, 2012, has been passed in the teeth of the order passed by this Court on 30th March, 2010 in Special Leave Petition (Civil) No...CC 2765 of 2010 (Assam State Agr. Marketing Board vs. Assam Roller Flour Mills Assn. & Ors.) and other connected matters, wherein the following directions have been issued:
...2/-:2:
"Permission to file SLP is granted.
Issue notice on the application for condonation of delay as well as on the special leave petitions.
Assam State Agricultural Marketing Board is permitted to collect tax in accordance with the Judgment passed by the Division Bench of High Court dated 12.9.2008, uninfluenced by the Order passed in the contempt proceedings dated 23.10.2009.
Post along with SLP(C) No.11317 of 2009.
sd/- sd/- (R.K. Dhawan) (Veera Verma) AR-cum-PS Asst. Registrar"
The aforesaid order was passed by a three judge Bench of this Court presided over by Hon’ble the Chief Justice in a number of Special Leave Petitions impugning the Division Bench order dated 23rd October, 2009 in Contempt Case (C) 401/2008 seeking appropriate action under Section 12 of the Contempt of Courts Act, 1971 alleging willful and deliberate disregard, disobedience and violations of the directions contained in the judgment and order dated 12.09.2008 passed in Writ Petition (Civil) No.5491 of 2001 and number of connected petitions.
...3/-
:3:Learned counsel appearing for the appellants has submitted that the High Court has not only issued contempt notice but also recorded a finding that the action is "flagrant violation of law". The High Court has also directed the Chairman and Secretary, Assam State Agricultural Marketing Board to remain present in person on the next date.
We are of the considered opinion that the High Court was not justified in passing the impugned order since the entire matter is under consideration of this Court especially in view of the order passed by this Court on 30th March, 2010. Consequently, the impugned order passed by the High Court is set aside. The appeal is allowed. The contempt notices issued are discharged. Any other proceedings pending in the High Court shall continue.
....................,J.
(SURINDER SINGH NIJJAR) ....................,J.
(A.K. SIKRI) NEW DELHI JANUARY 13, 2014