Dismissed

V.K Gupta & Ors. v. Gujrat State Forest Development Corporation Ltd.

Delhi HC1 May 2018CONT.APP.(C)/5/2018

Case brief

AI extract

What is this about?

This order dismisses two intra-court appeals challenging an order on contempt for non-compliance with earlier directions regarding payouts. The Bench held the challenged order was not appealable under Section 19 of the Contempt of Courts Act, 1971.

What did the court decide?

Intra-court appeals dismissed; exemption allowed subject to all just exceptions.

V.K Gupta & Ors. Vs Gujrat State Forest Development… — Company and Corporate | Delhi HC (2018)

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$~21 and 22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CONT.APP.(C) 4/2018

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V.K GUPTA & ORS ..... Appellants

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Through: Mr. R.V. Sinha and Mr. A.S. Singh, Advocates.

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versus

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FOREST DEVELOPMENT CORPORATION OF MAHARASTRA LTD ..... Respondent Through: None. CONT.APP.(C) 5/2018

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V.K GUPTA & ORS ..... Appellants

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Through: Mr. R.V. Sinha and Mr. A.S. Singh, Advocates.

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versus

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GUJRAT STATE FOREST DEVELOPMENT CORPORATION LTD ..... Respondent Through: None.

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CORAM:

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HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

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O R D E R % 01.05.2018

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CM No. 17540/2018 in CONT.APP.(C) 4/2018

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Exemption allowed subject to all just exceptions.

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CONT.APP.(C) 4/2018 and CONT.APP.(C) 5/2018

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These intra court appeals impugn order dated 29^th January, 2018 passed by the single Judge in Contempt Case Nos. 840/2012, 842/2012 and 838/2012. The impugned order reads as under:-

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“After hearing the arguments of the learned counsel for the parties for some time this Court deem it appropriate to direct the presence of a competent Officer of the level of Director of the respondents, who is also familiar with the facts of these cases to remain present in the Court on the next date of hearing.

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Re-notify on May 03,2018.”

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We do not think that impugned order is appealable under Section 19 of the Contempt of Courts Act, 1971.

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Stated contempt petitions have been filed for non-compliance of the order dated 15^th April, 2010 passed by the learned single Judge in Writ Petition (C) No. 2815/1999, Forest Development Corporation of Maharastra Limited versus Union of India and other writ petitions as modified vide order dated 8^th March, 2011 passed in the review application.

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The aforesaid orders were upheld by the Division Bench of this Court in LPA No. 470/2011 with one modification that the time for compliance was extended by three months.

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Issue raised in the contempt petitions relates to quantification and whether the amount calculated by the appellant is in terms of the directions given in the orders dated 15^th April, 2010 read with order dated 8^th March, 2011 and affirmed by the Division Bench in order dated 8^th August, 2011.

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We do not think that the presence of the officer of the level of the director in the said situation is unjustified. Calculations etc. made by the appellant, it is apparent, is required to be explained and elucidated. The appeal has no merit and is dismissed. We clarify that we have not expressed any opinion on merits.

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SANJIV KHANNA, J.

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CHANDER SHEKHAR, J.

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MAY 01, 2018 MR/pk

V.K Gupta & Ors. v. Gujrat State Forest Development Corporation Ltd.

Case brief

What is this about?

What did the court decide?

V.K Gupta & Ors. v. Gujrat State Forest Development Corporation Ltd.

Case brief

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What the court decided

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Statutes considered

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