The court dismissed a contempt petition and the first petition for non-prosecution. The judge held that since the original order was superseded by a mediation referral, there was no willful disobedience, making it unfit contempt proceedings.
Contempt petition and first petition dismissed for non-prosecution and lack of willful disobedience.
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Signature Not Verified Digitally Signed By:AM UL YA
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Vide order of 12^ July, 2013, parties were direeted to be present in the Court with original doeuments. Attention of this Court is drawn by th learned counsel for Birender Prasad to the subsequent order of 12 November, 2013 to submit that petitioner- S. Surjan Singh was not present on that day and so, this contempt petition. Vide order of 12^^ November, 2013, on the submission of the parties, this matter was referred for mediation. Mediation has failed.
None had appeared for petitioner on 25'*' November, 2014, 23"^ February, 2015 and even today, none appears on behalf of petitioner. Due to default of petitioner- S. Surjan Singh in the above eaptioned first petition, it is dismissed for non prosecution.
So far as the above eaptioned contempt petition is concerned, I find that no doubt petitioner was directed to appear before this Court on 12 November, 2013 but since on the said date, counsel for the parties had submitted that the matter be referred to mediation, therefore, it cannot be said whether petitioner was present or not and so, there is no willful disobedience of the order of 12'*' July, 2013.
In view of aforesaid, I do not find it to be a fit case for initiating contempt proceedings against petitioner -S. Surjan Singh.
Consequentially, the above eaptioned first petition is dismissed for non-proseeution and the above eaptioned contempt petition is also dismissed.
(SUNIL GAUR) JUDGE
JULY 06, 2015 r Crl.M.C.No.955/2012 2 Cont. Cas(C)No.71/2015
2 issues framed by the court
Whether the petitioner’s absence on the date of the previous order amounts to willful disobedience given the subsequent referral to mediation.
Whether the contempt petition is maintainable in view of the petitioner’s non-participation in the proceedings.
S. Surjan Singh
Birender Prasad
Sunil Gaur
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
