Dismissed

Smt Bollera Muthamma Chengappa v. Sri Kiran K S

Karnataka HC16 Jan 2021CCC/115/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a contempt petition filed under the Contempt of Courts Act, 1971 against a bank for alleged non-compliance with a previous order directing the supply of auction documents. The Court held that supplying the documents via a subsequent letter constituted substantial compliance, and no contempt action was initiated.

What did the court decide?

The contempt petition was disposed of as no case was made out to initiate action under the Contempt of Courts Act.

Smt Bollera Muthamma Chengappa Vs Sri Kiran K S — Contempt of Court | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JANUARY, 2021 PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

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C.C.C. NO.115 OF 2020 (CIVIL)

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BETWEEN:

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1 . SMT. BOLLERA MUTHAMMA CHENGAPPA W/O BOLLERA BOPANA CHENGAPPA AGED 50 YEARS REPRESENTED BY HER POA HOLDER MS. BHAVYA CHENGAPPA B

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2 . MS. BHAVYA CHENGAPPA .B D/O BOLLERA BOPANA CHENGAPPA AGED 26 YEARS

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BOTH ARE R/AT PALTHOPE ESTATE, P. B. NO.150 KUTTA VILLAGE AND POST VIRAJPET TALUK KODAGU DISTRICT KARNATAKA - 571 250 (BY SHRI. ROSHAN YADAV, ADVOCATE FOR SHRI. SUBBA REDDY .K.N, ADVOCATE)

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... COMPLAINANTS

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AND: SRI. KIRAN K.S. THE BRANCH MANAGER THE STATE BANK OF INDIA VIRAJPET BRANCH TALUK OFFICE ROAD VIRAJPET - 571 218 KODAGU DISTRICT KARNATAKA

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... ACCUSED

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN THE COMPLAINANTS PRAYS THAT THE HON'BLE HIGH COURT BE PLEASED TO INITIATE APPROPRIATE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENT/ ACCUSED NO.1 FOR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE DIRECTIONS/ORDER ISSUED BY THIS HON'BLE COURT IN W.P.NO.43720-43721/19 DATED 17.09.2019 AND PUNISH THE ACCUSED.

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THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel appearing for the

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complainants.

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The breach alleged is of the direction contained in paragraph 4 of the order of this Court dated 17^th September

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The said paragraph 4 reads thus:

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"4. In view of aforesaid submission and in the facts of the case, it is directed that respondent-Bank shall supply a copy of the documents to the petitioners pertaining to e- auction in respect of the property of the petitioners within a period of one week from the date of receipt of certified copy of the order passed today."

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Annexures-C1 and C2 to the contempt petition

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show that a copy of the sale notice for sale of the immovable property as well as a copy of the letter dated 26^th August 2019 addressed by the State Bank of India to the successful bidder

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have been supplied to the complainants along with the letter dated 30^th September 2019. A perusal of the letter dated 22^nd October 2019 addressed by the complainants to the accused shows that all sorts of documents were demanded by the complainants.

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Looking to the specific direction contained in paragraph 4 which is quoted above, we find that the act of supplying the documents along with the letter dated 30^th September 2019 constitutes substantial compliance of the order. Hence, no case is made out to initiate action under the Contempt of Courts Act, 1971.

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The petition is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

Smt Bollera Muthamma Chengappa v. Sri Kiran K S

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Smt Bollera Muthamma Chengappa v. Sri Kiran K S

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