application for
transfer of the case after its dismissal."
2. Another pleadings/facts mentioned in the transfer application
quoted in the present application ... contempt being beyond period of limitation prescribed
under Section 20 of the Contempt of Court Act would be barred and
application praying contempt proceedings deserved
case, for which
contempt proceedings were pending and the defendant was to purge himself
therein. Apparently, the contempt application was transferred to another court ... Section 12 of the Contempt of Court Act, 1971 wherein vide order dated
05.09.2012, the above captioned application was dismissed in default. Be that
similar to the power of the civil contempt under the Contempt of
Courts Act, 1971 and the disobedience had to be proved "beyond ... suit. As per the
contempt application filed by the plaintiff, defendant no. 1 and 2
have transferred their 50% share in the suit shop
assertions and the allegations, has taken the plea that 'the
subject application' was frivolous and was filed to divert the smooth
disposal ... aside. 'The subject application' by which,
the applicant seeks transfer of the miscellaneous applications are the
contempt applications pending since April/July
observations as alleged
in para 8 of the instant transfer application and also issued
contempt notice to counsel for the defendant for 29.10.2014
which notice ... reply to the instant
transfer application;
• Ld. Trial Court recalled the showcause notice and
contempt proceedings upon tendering unconditional
apology by defence counsel;
• that
bank involve matters
of National interest and public money. For initiation of contempt
proceedings, the intention of wrong doer is important. There is distinction
between ... filing such frivolous application. Hence, the
contempt application is dismissed. As decree has already been transfered
from this court, the file be consigned to Record
Civil Judge and hence, an application for
contempt U/s 15 (2) of the Contempt of Courts Act was filed ... enumerated above i.e.
application under Order 7 Rule 11 CPC was moved by defendant prior
to application of Contempt moved by the plaintiff. That
present application for contempt and what file
were produced containing what documents, voluntarily explained that he had
already been transferred by that time
Suit was received by way of transfer before Commercial
Jurisdiction on 19.07.2023, subsequent to which, application
under Order 12 Rule 6 CPC was moved ... defendant. Application u/s 12 of
Contempt of Courts Act was also filed on behalf of plaintiff.
Whereas on behalf of defendant, application
High Court of Delhi disposed of
the application moved by the plaintiff U/o 39 Rule ... matter came to be transferred to this
court.
10. On 26.05.1999, the plaintiff/petitioner filed a contempt
petition/application U/o 39 Rule
