Golamari Srinivas Reddy v. T. Swathi
Case brief
What is this about?
In a contempt case, the court examined if the Respondent's delay in complying with an order to dispose of a petition within three weeks was willful. The Respondent acted after receiving a legal notice regarding pending civil suits and issued an endorsement. The court held the delay was not intentional or deliberate.
What did the court decide?
The Contempt Case is closed as there are no grounds to take action for violation of the direction.
What the court decided
HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CONTEMPT CASE No. 231 OF 2021
O R D E R:
This Contempt Case is filed under Sections 10 to 12 of the Contempt of Courts Act seeking the following relief:
“ to summon the respondent herein before this Hon’ble Court and punish them for willfully and deliberately disobeying the orders passed by this Hon’ble Court in WP No.18162 of 2020 dated 07.10.2020 and to grant such other relief or reliefs as this Court deems fit and proper in the circumstances of the case.”
The operative portion of the order dated 07.10.2020 passed in WP No.18162 of 2020 reads as under:
“In the result, Writ Petition is disposed of, directing the 3rd respondent to dispose of the application, dt.9.7.2020 submitted by the petitioner, in accordance with law, within three (03) weeks from today.”
Heard Sri G.Venkateswarlu, learned counsel for the petitioner and Sri P.Subhash, learned counsel appearing for the respondent.
During hearing, learned counsel for the petitioner reiterated the contentions raised in the accompanying affidavit and would submit that failure of the respondent to dispose of the application of the petitioner dated 09.07.2020 within three weeks which expires by 27.10.2020 is a deliberate, intentional violation of the order of this Court and requested to take appropriate action under the provisions of the contempt case.
Issues for consideration
1 issue framed by the court
Whether the delay in issuing endorsement due to pendency of civil suits constitutes willful or deliberate disobedience warranting punishment under the Contempt of Courts Act.
Parties & counsel
- petitioner
Petitioner (Name not provided in text)
- respondent
Respondent/3rd Respondent/Contemnor (Name not provided in text)
- other
Smt. Varikuti Sujatha
Coram
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · July
- Registered
- Case no.
- CC/231/2021
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