The High Court at Bengaluru dropped contempt of court proceedings against respondents alleging obstruction of an order dated 09.09.2019, as a government memo confirmed full compliance with said order.
Contempt of court proceedings dropped by the court order of 26 February 2020 as the impugned order found to be 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY 2020
PRESENT
THE HON’BLE MR. JUSTICE ARAVIND KUMAR AND
THE HON’BLE MR. JUSTICE E.S.INDIRESH
C.C.C. NO.68 OF 2020 (CIVIL)
BETWEEN:
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CHIKKAJALA BENGALURU NORTH BENGALURU – 562 157.
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R/AT NO.357, VIDYANAGAR CROSS, SONAPPANAHALLI, BETTAHALASURU BENGALURU – 562 157.
... COMPLAINANTS
(BY SRI M. SREENIVASA., ADVOCATE)
AND:
... ACCUSED
(BY SRI. B.V.KRISHNA, AGA.,)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W UNDER SECTON 11 AND 12 OF THE CONTEMPT OF COURT ACT, PRAYING TO INITIATE THE CONTEMPT OF COURT PROCEEDINGS AGAINST THE RESPONDENTS FOR HAVING DELIBERATELY AND WILLFULLY DISOBEYING THE ORDER PASSED BY THIS COURT DATED 09.09.2019 PASSED IN CRIMINAL PETITION NO.1252/2019 AND TO PUNISH THE ACCUSED.
THIS CCC COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR J, MADE THE FOLLOWING:
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O R D E R
Complainants were petitioners in
Crl.P.1252/2019. They are alleging that order passed on 09.09.2019 has been wilfully disobeyed by respondents. In order to examine the said claim it would be apt and appropriate to extract the order dated 09.09.2019 and it reads:
“In the facts and circumstances of this case, it is clarified that the pendency of this petition and interim order granted on 15.02.2019 and being extended from time to time shall not come in the way of respondents No.3 to 5 from opening hundi and depositing the money in the name of Deputy Commissioner till the controversy between the parties are resolved.
Call after four weeks.
SD/-”
memo today enclosing five documents. In the communication dated 19.02.2020 addressed to the Deputy Commissioner, Bengaluru Urban District by
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the Tahsildar, Yelahanka Taluk. It has been clearly stated thereunder that direction issued on 09.09.2019 has been complied namely hundies as ordered to be opened has since been opened and amount is credited to Bank. In fact, amount retrieved from this hundi has been deposited in the name of Deputy Commissioner at State Bank of India in a sum of Rs.3,48,080/-. Thus, direction issued by the learned Single Judge stands complied. Accordingly, contempt proceedings are dropped.
Sd/JUDGE
Sd/JUDGE
UN
SRI. SHAKTHI KARIMARIYAMMA DEVALAYA SAMITHI (REGD) VIDYANAGAR CROSS, JALA HOBLI, BENGALURU
SMT. SHREEROOPA ADDITIONAL DEPUTY COMMISSIONER AND ADDITIONAL DISTRICT MAGISTRATE, BENGALURU DISTRICT
AVINASH RAJAGOPALAN
E.S. INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
