Disposed

C/M, Baba Gaya Das Technical Higher Secondary School Society and Another v. Sunil Kumar Srivastava, Assistant Registrar, Firms Societies and Chits

Allahabad HC5 Aug 2020CAPL/1938/2020

Case brief

AI extract

What is this about?

In a civil contempt application, the court examined alleged non-compliance by the Assistant Registrar with a previous writ order regarding society committee registration. Addressing the prima facie case of contempt, the court granted a final chance to comply within six weeks instead of imposing immediate punishment.

What did the court decide?

Opportunity granted to the opposite party to comply with previous court order within six weeks; liberty to file fresh application upon non-compliance.

C/M, Baba Gaya Das Technical Higher Secondary School… — Contempt of Court | Allahabad HC (2020)

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Court No. - 71

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1938 of 2020

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Applicant :- C/M, Baba Gaya Das Technical Higher Secondary School Society And Another Opposite Party :- Sunil Kumar Srivastava, Assistant Registrar, Firms Societies And Chits Counsel for Applicant :- Narendra Kumar Chaturvedi

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant.

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By order dated 27.9.2019 passed in Writ C No.31742 of 2019 filed by the applicant, the Court directed as under:

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"In light of the submissions of the parties, the matter is remitted to the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur.

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A writ of mandamus is issued commanding the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur to execute the following directions:

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The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur shall decide the application of the petitioners under Section 4 of the Societies Registration Act for registration of the list of Committee of Management elected in the elections conducted on 24.02.2019, by a reasoned and a speaking order in accordance with law within a period of six weeks from the date of receipt of a certified copy of this order along with a fresh copy of the representation.

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The Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur shall hear all concerned necessary parties before passing any order in the matter.

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It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioners been judged on merits. It is for the competent authority to do so after independent application of mind in accordance with law.

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The writ petition is disposed of finally."

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Learned counsel for the applicant 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

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aforesaid order of the Court within six weeks from the date of production of a certified copy of this order.

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

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The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.

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With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant 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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 5.8.2020 RKP

C/M, Baba Gaya Das Technical Higher Secondary School Society and Another v. Sunil Kumar Srivastava, Assistant Registrar, Firms Societies and Chits

Case brief

What is this about?

What did the court decide?

C/M, Baba Gaya Das Technical Higher Secondary School Society and Another v. Sunil Kumar Srivastava, Assistant Registrar, Firms Societies and Chits

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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