High Court disposed of a contempt petition filed under the Contempt of Court Act, allowing withdrawal based on an undertaking by the appellant in a pending writ appeal, without deciding on the merit of the alleged breach.
Petition disposed of as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
C.C.C NO.40 OF 2021 (CIVIL)
BETWEEN:
1 . SRI T S RAMAPRASAD SO LATE T.N.SURYANARAYANA RAO AGED ABOUT 70 YEARS RETIRED AS SENIOR ASSISTANT CORPORATE OFFICE LEGAL SECTION BESCOM, K.R.CIRCLE BANGALORE-560 009 R/AT NO.156/6 ‘Z’ 17TH CROSS, BHAGAVATHI LAYOUT HULIMAVU, BANGALORE-560 076.
2 . SRI.GUDADAIAH SANKRI S/O LATE SHIVANNA SANKRI AGED 69 YEARS, RETIRED AS ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC.) BESCOM, BANASHANKARI 2ND STAGE, JAYANAGAR DIVISION, BANGALORE-560 070 AND R/AT SRI GEETHANJALI APARTMENT, FLAT NO. 502, BEHIND COFFEE DAY, UTARAHALLI MAIN ROAD, BANGALORE-560 061.
... COMPLAINANTS (BY SHRI DEVARAJ N., ADVOCATE)
AND:
SMT. MANJULA CHAIRMAN/MANAGING DIRECTOR, KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED CORPORATE OFFICE, CAUVERY BHAVAN, BANGALOR-560 009.
... ACCUSED
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT PRAYING TO INITIATE SEVERE CONTMEPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DELIBERATELY, INTENTIONALLY AND WILLFULLY DISBOEYED TO CARRY OUT THE DIRECTIONS CONTAINED IN THE COURT ORDER DATED 19.02.2020 MADE IN W.P.NOS.27946-27948/2014 (S-RES) MARKED AT ANNEXURE-Q AND GIVING FURTHER DIRECTION TO THE ACCUSED TO PAY 22.50% OF THE BASIC PENSION/FAMILY PENSION TO THE COMPLAINANTS IN TERMS OF CLAUSE VIII(B) OF THE AGREEMENT/ORDER DATED 09.09.2011 MARKED AT ANNEXURE-C AND FURTHER DIRECT THE ACCUSED TO RE-FIX THE PENSION/FAMILY PENSION, ETC. AFTER ADDING ENTIRE 22.50% TO THE BASIC PENSION/FAMILY PENSION ALONG WITH 18% INTEREST PER ANNAM TILL THE DATE OF SETTLEMENT OF BENEFITS IN TERMS OF THE JUDGMENT DATED 18.11.2012 MADE BY THE DIVISION BENCH OF THIS COURT IN W.A.No.15351-15352/2011 AND EXTEND THE BENEFIT OF THE SETTLEMENT DATED 09.09.2011 AT ANNEXURE-C, SUBJECT TO OUTCOME OF THE SLPS NOW PENDING IN THE HON’BLE APEX COURT.
THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The learned counsel appearing for the complainants has tendered a memo seeking permission to withdraw the contempt petition in view of the undertaking taken by the complainant in the pending writ appeal.
breach is alleged is affirmed in the writ appeal, it will be always open for the complainants to file a fresh contempt petition.
Sd/CHIEF JUSTICE
Sd/JUDGE
AHB
Sri T.S. Ramaprasad and Gudadaiah Sankri
Smt. Manjula
ABHAY S. OKA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
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