This order in a contempt petition examined alleged non-compliance by IGL with a direction to issue a Hydraulic Testing Certificate to IOCL within two weeks of an earlier order, determining that the subsequent compliance negates claims of willful disobedience.
The contempt petition is closed as the order has been complied with.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~45
versus
INDRAPRASTHA GAS LIMITED & ANR ..... Respondents Through: Mr. K.K. Rai, Sr. Adv. with Mr. S.K. Pandey, Mr. Anshul Rail, Mr. Chandra Shekhar and Mr. Awanish Kumar, Advs. for IGL
non-compliance of order dated February 07, 2018 in FAO 22/2017 wherein this Court has directed that Hydraulic Testing Certificate be issued by the
IGL in favour of the IOCL. There are certain other observations of the
Court in the said order with which we are not concerned in this contempt petition. Learned counsel for the petitioner would submit that the said certificate was to be forwarded by the IGL to the IOCL within two weeks. Unfortunately, the same has been delayed. According to him, the petitioner had got issued a legal notice on March 07, 2018 to which a reply dated
March 14, 2018 was received on behalf of the respondents in which their
counsel has stated that the report of the cylinder test has already been forwarded to the Indian Oil Corporation for necessary action. According to the counsel, the stand taken in the reply is incorrect as no such report has been forwarded to Indian Oil Corporation. He states that this is nothing but a wilful violation of order of this Court dated February 07, 2018 inasmuch as despite expiry of four weeks no such report has been forwarded.
contempt petition is closed as the order has been complied with.
V. KAMESWAR RAO, J
APRIL 10, 2018 /aky
3 issues framed by the court
Whether the non-compliance with the court's direction to issue a Hydraulic Testing Certificate within two weeks constitutes wilful disobedience given the subsequent compliance.
Whether the delay in forwarding the report amounts to a contempt of court.
What relief to grant in this contempt petition.
1 provisions across 1 enactments
RAKESH FILLING STATION
INDRAPRASTHA GAS LIMITED
V. KAMESWAR RAO
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
