Karnataka High Court
Onmobile Global Limited vs Mr Arnaud Descamps on 20 February, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:7167-DB
CCC No. 672 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
CCC NO. 672 OF 2021
BETWEEN:
ONMOBILE GLOBAL LIMITED
A COMPANY REGISTERED UNDER
THE PROVISIONS OF THE
COMPANIES ACT AND HAVING ITS
REGISTERED OFFICE AT
'E' CITY TOWER NO.I' NOS.94/1C
AND 94/2, VEERASANDRA VILLAGE
ATTIBELE HOBLI, ANEKAL TALUK
ELECTRONIC CITY PHASE-I
Digitally BANGALORE-560 100
signed by REPRESENTED BY
SUMATHY MANAS KUMAR DEV.
KANNAN ...COMPLAINANT
Location: (BY SRI NAVEEN - ADVOCATE FOR
High Court SRI. VIKHAR AHMED B - ADVOCATE)
of Karnataka
AND:
MR ARNAUD DESCAMPS
S/O MR DESCAMPS
AGED ABOUT 49 YEARS
RESIDING AT NO.71
RUE EDOUARD VAILLANT, 92300
LEVALLOIS-PERRET, FRANCE.
...ACCUSED
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NC: 2024:KHC:7167-DB
CCC No. 672 of 2021
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA R/W SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR NOT
COMPLYING WITH THE ORDER/DIRECTION DATED 20.10.2020
IN W.P.NO.11664/2020 PASSED BY THIS HON'BLE COURT AND
PUNISH THE ACCUSED FOR WILLFUL DISOBEDIENCE ORDER.
THIS CCC, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., MADE THE FOLLOWING:
ORDER
Learned counsel Sri Naveen for the complainant is present before the court physically and represents Sri Vikhar Ahmed B who is on record.
2. This complaint is filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India to initiate contempt proceedings against the accused for not complying with the order/direction dated 20.10.2020 passed by the learned single Judge of this Court in W.P.No.11664/2020 and punish the accused for willful disobedience of the order. It is urged in the grounds of the complaint with reference to Section 2(b) of the Contempt of Courts Act to contend -3- NC: 2024:KHC:7167-DB CCC No. 672 of 2021 that the act of the accused in violating the orders of the Court has made him liable to be prosecuted for contempt of Court. Further the acts of the accused necessitate suitable action from this Court and there exists no sufficient cause that could explain the deliberate and intentional disregard to the order passed by this Court and the actions of the accused necessitate action against him as per Order 39 Rule 2 A of the CPC. Further it is contended that the action of the accused in violating a specific order amounts to a willful and deliberate disobedience of an order passed by this Court in W.P.No.11664/2020.
3. However, office note indicates non-taking steps in respect of unserved accused. The matter is of the year 2021 and there is no progress made in this contempt proceeding. Learned counsel for the complainant has not come forward to take appropriate steps in respect of the respondent even after granting sufficient time. -4-
NC: 2024:KHC:7167-DB CCC No. 672 of 2021 Consequently, the contempt proceedings stands dismissed for non-prosecution.
Sd/-
JUDGE Sd/-
JUDGE DKB