Telangana High Court
N.Nagendra Kumar vs Mr. Sarfaraz Nawaz, on 22 November, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
CONTEMPT CASE No.2444 of 2024
O R D E R:
1. This Contempt Case is filed by the petitioner alleging willful disobedience to the order of this Court dt.23.04.2018 in W.P.No.11232 of 2017.
2. When the matter is taken up for hearing in the morning session, one of the junior counsel appearing on behalf of the counsel for petitioner after arguing the matter for some time and on this Court showing the provision of law under Section 20 of the Contempt of Courts Act, 1971 (for short 'the Act'), which prescribes the limitation for initiating action for contempt, had sought for a pass over.
3. In the afternoon session at 2.15 p.m., another counsel appeared in the matter and sought time on the ground that the counsel for petitioner is unwell. However, on being informed of the events that had taken place in the morning session, the counsel had sought for a short pass over.
4. However, when the matter is taken up at the end of the session, another counsel appearing on behalf of the counsel for petitioner again sought time.
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5. The said request made on behalf of the counsel for petitioner cannot be accepted, since, the present Contempt Case has been filed in contravention of the provision under Section 20 of the Act.
6. Though it is contended on behalf of the petitioner's counsel in the morning session that it is a continuing contempt, a mere averment without in actual showing the breach to be repetitive so as to be construed as continuing contempt, the present contempt petition as filed claiming to be within the limitation prescribed under the Act, cannot be accepted, in view of the law laid down by the Hon'ble Supreme Court in S.Tirupathi Rao v. M. Lingamaiah & Ors. 1.
7. Further, it is also to be noted that while the petitioner is alleging contempt of the order of this Court, a perusal of the order, dt.23.04.2018, shows that the said order to be an interlocutory order and writ petition is pending consideration on the file of this Court. The petitioner instead of pursuing the said writ petition has filed the present Contempt Case and for the said reason also, the present Contempt Case is devoid of merit.
8. Accordingly, the Contempt Case is dismissed. No order as to costs.
1 2024 INSC 544 3
9. Consequently, miscellaneous petitions pending if any shall stand closed.
___________________ T. VINOD KUMAR, J 22nd November, 2024.
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