Disposed

Namdar and Another v. Vivek Chaurdhary, Civil Judge (J.D.) F.T.C.

Allahabad HC10 May 2019CAPL/2926/2019

Case brief

AI extract

What is this about?

In a civil contempt application challenging a failure to comply with a direction to dispose of a suit expeditiously, the court prima facie found a case for contempt but granted the respondent another chance to comply within four months before any punishment was awarded.

What did the court decide?

The opposite party was granted four months to comply with the earlier order; otherwise, the applicants could move a fresh application.

Namdar and Another Vs Vivek Chaurdhary, Civil Judge… — Contempt of Court | Allahabad HC (2019)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2926 of 2019

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Applicant :- Namdar And Another Opposite Party :- Vivek Chaurdhary, Civil Judge (J.D.) F.T.C. Counsel for Applicant :- Sheetala Prasad Pandey

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicants.

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By order dated 28.7.2017 passed in Matters Under Article 227 No. 3948 of 2017 filed by the applicants, this Court directed as under:

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"As the suit is of the year 1998, in order to subserve the ends of justice, the present petition is being disposed of with the direction to the Court below to make an endeavour to decide the Original Suit No.16 of 1998 (Smt. Jameera Vs. Muniram), expeditiously, preferably within a period of eight months from the date of submission of certified copy of this order, without granting any unnecessary adjournment to either of the parties. "

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Learned counsel for the applicants submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

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Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within four months from the date of production of a certified copy of this order. Even if required, day to day hearing of the case may also be ensured by the Presiding Officer.

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The applicants shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicants with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.

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The opposite party shall comply with the directions of the writ court and intimate the order to the applicants through the selfaddressed envelope within a week thereafter.

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With the aforesaid observations, this application is disposed of at this stage with liberty to the applicants to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.

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Order Date :- 10.5.2019 A.K.Srivastava

Namdar and Another v. Vivek Chaurdhary, Civil Judge (J.D.) F.T.C.

Case brief

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Namdar and Another v. Vivek Chaurdhary, Civil Judge (J.D.) F.T.C.

Case brief

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