Mrs. Jyothika Dwarakanath v. Dr. G.C. Prakash
Case brief
What is this about?
In this contempt petition alleging willful disobedience of an order dated 20.06.2019 by BDA officials, the court observed belated compliance by an endorsement without considering representations. Dismissing action under the Contempt of Courts Act due to violation, the court imposed Rs. 25,000 costs for the delay and delay in explanation, while retaining the right to challenge the compliance.
What did the court decide?
Action under Contempt of Courts Act not initiated; accused directed to pay costs of Rs.25,000 within six weeks.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2020 PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY CCC NO. 73/2020 (CIVIL)
BETWEEN
- 1 . MRS. JYOTHIKA DWARAKANATH D/O LATE A V KRISHNASWAMY W/O RAGHU DWARAKANATH AGED ABOUT 48 YEARS RESIDING AT NO.H-201 MANTRI ESPANA OPPOSITE INTEL ON ORR KARIYAMMANA AGRAHARA BELLANDUR, BENGALURU SOUTH BANGALORE-560103
- 2 . MRS VIJYA KRISHNASWAMY W/O LATE A V KRISHNASWAMY AGED ABOUT 76 YEARS RESIDING AT NO.502C1210 BRIGADE MILLENIM PALM SPRINGS J P NAGAR, BENGALURU SOUTH BANGALORE-560078
- 3 . MR SRINIVAS A K S/O LATE A V KRISHNASWAMY AGED ABOUT 53 YEARS RESIDING AT NO.E-105 JACARANDA BLOCK BRIGADE MILLENIUM PUTTENAHALLI MAIN ROAD J P NAGAR 7TH PHASE BENGALURU SOUTH BANGLAORE-560078
2
Issues for consideration
3 issues framed by the court
Whether to initiate contempt proceedings due to belated compliance with court orders by the Bangalore Development Authority.
Whether to impose costs on accused respondents for delay in complying with earlier court direction regarding citizens representation.
Whether to allow petitioners to challenge the compliance endorsement issued by accused after the contempt proceedings are disposed of.
Parties & counsel
- petitioner
Mrs. Jyothika Dwarakanath
- petitioner
Mrs. Vijya Krishnaswamy
- petitioner
Mr. Srinivas A.K.
- petitioner
Mr. Srinath A.K.
- respondent
Dr. G.C. Prakash (Major, BDA)
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- CCC/73/2020
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