Karnataka High Court
Mrs Violet Mascarenhas vs A.O.Surendranathan on 11 March, 2013
Bench: N.K.Patil, C.R.Kumaraswamy
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF MARCH, 2013
:PRESENT:
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
THE HON'BLE MR.JUSTICE C.R.KUMARASWAMY
C.C.C. No. 1569 of 2012 (Civil)
Between:
Mrs. Violet Mascarenhas,
W/o. Mr. William Mascarenhas,
Aged about 55 years,
Headmistress/Principal,
NITK English Medium High School,
Srinivasanagar,
Surathkal-575 025.
Dakshina Kannada District and
R/at. 'Bonito Manor',
Surathkal Bajpe Road,
Surathkal-575 014,
D.K. District.
... Complainant
(By Sri. Harishchandra.M, for M/s. Subba Rao & Company)
And :
1. A.O.Surendranathan,
Secretary,
NITK English Medium High School,
High School Trust (Regd.),
NITK Campus,
Srinivasanagar,
Surathkal-575 025.
Dakshina Kannada Dist.
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2. Sri. Swapan Bhattacharya,
President,
NITK English Medium School Trust,
NITK Campus,
Srinivasanagar, Surathkal-575 025,
Dakshina Kannada District.
3. K.Ravindranath,
Correspondent,
NITK English Medium School Trust,
NITK Campus,
Srinivasanagar, Surathkal-575 025,
Dakshina Kannada District.
4. Sri. Swapan Bhattacharya,
Ex-Director,
NITK, Surathkal-585 025.
5. Swapan Bhattacharya,
Director,
National Institute of Technology,
NITK Campus,
Surathkal,
Dakshina Kannada.
... Accused
(By Sri. Nataraj Ballal, Advocate for A1, A2, A3 & A5)
This C.C.C. (Civil) is filed under Sections 11 & 12 of
the Contempt of Courts Act, by the Complainant, praying
this Hon'ble High Court to initiate Contempt of Court
proceedings against the Accused 1 to 5 for violating the
Order dated 22/06/2012 made in W.P. No.43001/2011
marked at Annexure-A.
This C.C.C. (Civil) coming on for Orders this day,
N.K.Patil, J, made the following:
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: ORDER :
This contempt petition is filed by the complainant with a prayer to initiate Contempt of Court proceedings against the Accused 1 to 5 for violating the Order dated 22/06/2012 made in W.P.No.43001/2011 marked at Annexure-A and proceed against them in accordance with Sections 11 and 12 of the Contempt of Courts Act.
2. We have heard the learned counsel for both the parties.
3. Learned counsel for the Accused submitted that the accused have questioned the correctness of the order dated 22/6/2012 passed by this Court in W.P.No.43001/2011 in writ appeal , obtained the interim order and the same is pending adjudication before the Division Bench of this Court. Therefore, he submitted that, in view of the interim order granted by the Division Bench of this Court, the relief sought by the complainant in this petition does not survive for consideration and hence, this petition may be dropped.
4. Placing the submissions made by the learned counsel for the accused on record, this contempt petition 4 filed by the complainant is dropped, reserving liberty to the complainant to work out her remedy before the Court where the matter is pending adjudication. Ordered accordingly.
SD/-
JUDGE SD/-
tsn* JUDGE