The High Court dismissed the contempt petition filed for non-compliance with an order dated 26.11.2020, imposing Rs.15,000 costs on the accused for the delay and dismissing the petition without addressing the substantive breach.
Petition dismissed; accused ordered to pay costs of Rs.15,000 to complainant within one month.
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 24TH DAY OF AUGUST, 2021
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
CCC NO.212/2021 (CIVIL)
BETWEEN
N MUNIRAMAPPA S/O LATE NANJUNDAPPA AGED ABOUT 75 YEARS PERMANENT R/O ANKKATHATAHALLI VILLAGE T GOLLAHALLI VILLAGE PANCHAYATH BETHAMANGALA HOBLI BANGARPET TALUK, NOW KGF TALUK KOLAR DISTRICT-563116
...COMPLAINANT
(BY SRI N S BHAT, ADVOCATE)
AND
KOLAR DISTRICT-563101
…ACCUSED
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… PRO FORMA RESPONDENT NO.2 (V/O DT. 02.03.2021)
(BY SRI KIRAN KUMAR, HCGP)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFULLY AND DELIBERATELY DISOBEYING THE ORDER/DIRECTION DATED 26.11.2020 PASSED BY THIS COURT IN W.P.NO.4959/2020 AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The breach alleged is of the direction contained in paragraph 3 of the judgment and order dated 26th November 2020. The said order was communicated by the complainant along with a representation dated 19th December 2020. Therefore,
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the representation was required to be disposed of within six weeks from 19th December 2020. As compliance was not made, on 24th February 2021, the present contempt petition is filed.
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4. Considering the inordinate delay in complying with
the order of which breach is alleged, we propose to saddle the accused with costs quantified at Rs.15,000/-.
5. Accordingly, we pass the following order:
(i) The contempt petition is disposed of subject to condition of the accused paying costs of Rs.15,000/- to the complainant within a period of one month from today;
(ii) Though the petition is disposed of, for reporting compliance with the order regarding payment of costs, the same shall be listed on 28th September 2021.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
bkv
1 issue framed by the court
Whether the contempt petition should be disposed of imposing costs due to inordinate delay in compliance with a previous order.
N Muniramappa S/o Late Nanjundappa
Dr. Selvamani R
State of Karnataka
Abhay S. Oka
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
