Disposed

Prateek Stylome Apartment Owners Association v. Smt. Ritu Maheshwari, I.a.S., CEO Noida, Up

Allahabad HC5 Jan 2022CAPL/5791/2021

Case brief

AI extract

What is this about?

Court found prima facie case for contempt regarding non-compliance of writ order concerning apartment maintenance transfer. No notice issued; applicant granted three months to comply. Order notified via registered post.

What did the court decide?

Three months time granted to opposite party to comply with the order dated 20.11.2020.

Prateek Stylome Apartment Owners Association Vs Smt… — Contempt of Court | Allahabad HC (2022)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 5791 of 2021

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Applicant :- Prateek Stylome Apartment Owners Association Opposite Party :- Smt. Ritu Maheshwari, I.A.S., Ceo Noida, Up

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Counsel for Applicant :- Abhijeet Mukherji

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard learned counsel for the applicant.

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The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the opposite party for willful disobedience of the judgment and order dated 20.11.2020 passed by this Court in Writ Petition No. 15463 of 2020 (Prateek Stylome Apartment Owners Association Vs. State of U.P. and 4 others).

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It is contended that Writ-C No. 15463 of 2020 was filed by applicant, Prateek Stylome Apartment Owners Association for transfer of the amount collected by promoter towards interest free maintenance security to the association under provisions of U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010. The writ Court on 20.11.2020 required the competent authority to take appropriate action after hearing the promoter to ensure obligation of promoter under the Act of 2010. Copy of the order was served in the office of opposite party on 26.11.2020. According to the applicant, till date the order of writ Court has not been complied.

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Prima facie , a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 20.11.2020 passed in the aforesaid writ petition.

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However, no notice is issued to the opposite party at this stage. The opposite party is granted three months further time to comply with the order dated 20.11.2020 passed by this Court in Writ Petition No. 15463 of 2020 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 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 applicant with a copy of contempt application to the opposite party within one week thereafter and keep a

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record thereof.

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The opposite party shall comply with the directions of the writ Court and intimate the applicant the order through the selfaddressed envelop within a week thereafter.

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In case, the opposite party does not comply with the order, it would be open to the applicant to approach this Court again.

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With the aforesaid observations, this application is finally disposed of at this stage.

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Order Date :- 5.1.2022 V.S.Singh

Prateek Stylome Apartment Owners Association v. Smt. Ritu Maheshwari, I.a.S., CEO Noida, Up

Case brief

What is this about?

What did the court decide?

Prateek Stylome Apartment Owners Association v. Smt. Ritu Maheshwari, I.a.S., CEO Noida, Up

Case brief

What is this about?

What did the court decide?

What the court decided

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