In a contempt petition under the Contempt of Courts Act, 1971, the accused stated the impugned order was set aside in a writ appeal. Holding no case made out, the court discharged the notice and disposed of the petition.
The contempt notice issued earlier was discharged and the contempt petition was disposed of.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH 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.534 OF 2020 (CIVIL)
BETWEEN:
SMT. SWETHA KRISHNAPPA W/O SIRINDRA YEKADHARA SWAMY AGED ABOUT 36 YEARS R/AT FLAT NO. 205, "PINE RIDGE" APARTMENTS, 19TH CROSS JAKKUR MAIN ROAD BYATARAYANAPURA BENGALURU - 560 092 REPRESENTED BY GPA HOLDER AND MOTHER-IN-LAW, SMT. A.B. CHANDRAMATHI
... COMPLAINANT
(BY SHRI. SOMASHEKHARAIAH .R.P, ADVOCATE)
AND:
1 . SMT. ROOPA D/O LATE GOVINDARAJ .V .R AGED ABOUT 41 YEARS AUTHORIZED SIGNATORY M/S. BANK OF BARODA FORMERLY M/S. VIJAYA BANK LIMITED RESIDENCY ROAD BRANCH NO.2, JANARDHAN TOWER RESIDENCY ROAD BENGALURU - 560 025
2 . SRI. MR. S. SRIHARSHA SON OF LATE S. VENKATA RAMAIAH AGED ABOUT 52 YEARS
MANAGING PARTNER M/S. SVR HOUSING A REGISTERED PARTNERSHIP FIRM NO.21, 33'A' CROSS 11TH MAIN, JAYANAGAR 4TH 'T' BLOCK BENGALURU - 560 041 (VIDE ORDER DATED 18.11.2020 ACCUSED NO.2 IS DELETED)
... ACCUSED
(BY SHRI. K.V. LOKESH, ADVOCATE FOR A1, VIDE ORDER DATED 18.11.2020, A2 IS DELETED)
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 SHE PRAYS THAT THE HON'BLE COURT BE PLEASED TO TAKE NECESSARY ACTION AGAINST THE ACCUSED NO.1 UNDER THE PROVISIONS OF THE CONTEMPT OF COURTS ACT, 1971 FOR WILLFULLY AND DELIBERATELY VIOLATING THE ORDER DATED 29.09.2020, PASSED BY THIS HON'BLE COURT IN W.P.NO.10063/2020, VIDE ANNEXURE-A.
THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The learned counsel appearing for the accused, on instructions, states that Writ Appeal No.599 of 2020 has been allowed on 18th December 2020 and the order of which breach is alleged has been set aside.
In view of the statement made, on instructions, no case is made out to proceed under the Contempt of Courts Act, 1971.
Accordingly, the contempt notice issued earlier to the
accused is discharged. The contempt petition is disposed of.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
CA
1 issue framed by the court
Whether a contempt petition can be proceeded with when the order alleged to have been violated has been set aside.
3 provisions across 2 enactments
Abhay S. Oka
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
