Disposed

H M Kotresh v. Kapil Mohan

Karnataka HC2 Sept 2021CCC/361/2021

Case brief

AI extract

What is this about?

Single Judge disposed of a contempt petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971. Proceedings were dropped with liberty to complainants to initiate appropriate proceedings based on the Division Bench order staying the impugned judgment in the writ appeal.

What did the court decide?

Contempt proceedings dropped with liberty to initiate appropriate proceedings based on the Division Bench order.

H M Kotresh Vs Kapil Mohan — Public Procurement and Tenders | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 02ND DAY OF SEPTEMBER 2021

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PRESENT

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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C.C.C. NO.361 OF 2021

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BETWEEN:

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H.M.KOTRESH,

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S/O H.M.MALLIKARJUNAIAH,

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AGED ABOUT 41 YEARS,

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RESIDING AT HULIKATTE VILLAGE,

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HARAPANAHALLI TALUK,

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DAVANAGERE DISTRICT.

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P.M.SHIVANANDA VARMA, S/O RAVI VARMA,

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AGED ABOUT 43 YEARS,

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RESIDING AT HULIKATTE VILLAGE,

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HARIHARA TALUK,

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DAVANAGERE DISTRICT.

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K.P.SANJEEVA KUMAR, S/O K PARAMESHWARAPPA,

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AGED ABOUT 39 YEARS,

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RESIDING AT HULIVANA VILLAGE POST

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HARIHARA TALUK,

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DAVANAGERE DISTRICT.

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T PATHI NAIK,

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S/O REKHYA NAIK,

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AGED ABOUT 43 YEARS,

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RESIDING AT RAMAGATTA THANDA POST, HARAPANAHALLI TALUK,

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DAVANAGERE DISTRICT.

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B GONEPPA,

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S/O BASAPPA,

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AGED ABOUT 46 YEARS,

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RESIDING AT NEELAGUNDHA VILLAGE POST, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT.

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VISHWANATH K M, S/O MAHESHWARAIAH, AGED ABOUT 29 YEARS, RESIDING AT YELEHATE VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT.

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K RAMAPPA, S/O K NAGAPPA, AGED 39 YEARS, RESIDING AT KADABAGERI POST, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT.

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A KARIBASAVARAJU, S/O VRUSHABENDRAPPA, AGED ABOUT 37 YEARS, RESIDING AT CHIGATERE VILLAGE POST, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT. ...COMPLAINANTS

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(BY SRI B.M.SWAMY, ADVOCATE - ABSENT)

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AND:

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KAPIL MOHAN, CHAIRMAN, BANGALORE ELECTRICITY SUPPLY COMPANY, K.R.CIRCLE - 560 001.

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GOVINDARAJ, CHIEF ENGINEER (ELECT), OFFICE AND MAINTENANCE ZONE, BESCOM, THURUVANURU ROAD, BEHIND RTO OFFICE, CHITRADURGA - 577123.

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JAGADEESHAPPA, SUPERINTENDENT ENGINEER(ELECTRICAL)

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OFFICE AND MAINTENANCE CIRCLE, BESCOM, DAVANAGERE - 577102.

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VIJAYALAKSHMI, EXECUTIVE ENGINEER (ELECT), OFFICE AND MAINTENANCE DIVISION, BESCOM,

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HARIHARA - 577103. …ACCUSED

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(BY SRI SRIRANAGA S, ADVOCATE)

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THIS C.C.C. IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 6 FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 31.08.2020 PASSED BY THE HON'BLE COURT IN W.P.NO.43037-41/2015 AND PUNISH THE ACCUSED PERSON FOR VIOLATING THE COURT ORDER AND PASS SUCH OTHER ORDERS.

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THIS C.C.C. COMING ON FOR ORDERS THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:

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ORDER

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None for the complainant.

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Mr. Sriranga S., learned counsel for the respondent

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accused filed a memo along with the copy of the order dated 16.03.2021 has been annexed. The office objection is ignored.

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Learned counsel for the accused submits that the

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petition has been filed alleging non-compliance of the order dated 31.08.2020 passed by the learned single Judge in W.P.No.43037-43041/2015 (S-RES) and other connected

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matters. It is further submitted that the aforesaid order has been stayed by the Division Bench of this Court vide order dated 16.3.2021 in Writ Appeal No.673/2021, therefore, nothing survives for consideration for adjudication in the contempt petition.

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The aforesaid submission is place on record.

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Accordingly, the contempt proceedings are disposed of reserving liberty to the complainants to initiate appropriate proceedings in the light of the order which was passed in the writ appeal.

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With the aforesaid liberty, contempt proceedings are dropped.

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Sd/JUDGE

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Sd/JUDGE

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H M Kotresh v. Kapil Mohan

Case brief

What is this about?

What did the court decide?

H M Kotresh v. Kapil Mohan

Case brief

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What did the court decide?

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