The applicant sought to establish contempt for disobedience of an earlier court order. The court noted that the applicant's counsel was absent on most dates due to bar abstention from work, leading to a finding of no willful disobedience by the opposite party. The application was dismissed.
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Neutral Citation No. - 2024:AHC:147866
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5954 of 2024
Applicant :- Pradeep Opposite Party :- Virendra Kumar Counsel for Applicant :- Shivasare
Hon'ble Salil Kumar Rai,J.
The present application has been filed pleading the disobedience of the order dated 6.12.2023 passed by this Court in Writ C No.41984 of 2023.
A perusal of the order-sheet of the case annexed with the affidavit shows that on almost 90% of the dates fixed in the case, the counsel for the applicant did not appear because the members of the Bar abstained from work.
In view of the aforesaid, there is no willful disobedience of the order passed by this Court.
No contempt can be attributed to the opposite party, at this stage.
The application is dismissed.
Let the file of the case be consigned to the records.
Order Date :- 11.9.2024 IB
Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad
1 issue framed by the court
Whether there was willful disobedience of the order dated 6.12.2023 given the bar abstention from work?
Pradeep
Virendra Kumar
Salil Kumar Rai
As recorded by the court registry
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