Himachal Pradesh High Court
Dr. Nishtha Jaswal & Another vs Mitesh Jorwal on 29 August, 2024
Author: M.S. Ramachandra Rao
Bench: M.S. Ramachandra Rao
Neutral Citation No. ( 2024:HHC:7599 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 22 of 2024 Date of decision : 29.08.2024.
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Dr. Nishtha Jaswal & another ...Appellants.
Versus
Mitesh Jorwal ...Respondent
Coram:
The Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice. The Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?
For the appellants r : Mr. Rajesh Parmar, Advocate.
For the respondent : None.
M.S. Ramachandra Rao Chief Justice, (Oral):
Heard counsel for the appellants.
2. None has appeared for the respondent. On the previous date i.e. 01.08.2024 also there was no representation on behalf of the said respondent.
3. We have perused the impugned order dt. 09.01.2024, passed by the learned Single Judge, which order has been stayed by this Court on 12.01.2024 for the following reasons:-
"Prima facie, even before the registration of contempt case against the Vice Chancellor of H.P. NLU, learned Single Judge could not have given a finding that she had committed willful disobedience of the Court's order.::: Downloaded on - 30/08/2024 20:34:47 :::CIS
-2- Neutral Citation No. ( 2024:HHC:7599 ) Therefore, there shall be interim stay of the impugned order of the learned Single Judge to the extent that the learned single Judge had directed the Registry to .
register the contempt case against the vice Chancellor of H.P. NLU and all other consequential proceedings thereto until further orders."
4. In view of the said reason given above, this Appeal is allowed and the order dt. 09.01.2024 passed by the learned Single Judge to the extent that the learned Single Judge has held that the Vice Chancellor of the H.P. NLU had committed "willful disobedience of the Court's order", is set aside. The appeal is allowed only to the above extent.
Pending applications, if any, also stand disposed of.
(M.S. Ramachandra Rao) Chief Justice (Satyen Vaidya) th 29 August, 2024 Judge (kck) ::: Downloaded on - 30/08/2024 20:34:47 :::CIS