Contempt petition filed against BBMP officials for non-compliance with an order to evaluate all bids. Court held that while compliance by the petitioner was belated, no case is made to initiate action given the discretion in contempt jurisdiction.
Contempt petition disposed of; no action initiated against accused.
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 4TH 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. 567 OF 2020 (CIVIL)
BETWEEN:
M/S. MUNIYAPPA ENTERPRISES BMR COMPLEX BYRATHI KOTHANUR BANGALORE-560 077 REP. BY ITS PROPRIETOR M. VENKATARAMU S/O MUNIYAPPA AGED ABOUT 48 YEARS
... COMPLAINANT
(BY SHRI JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR SHRI MAHAMMED TAHIR, ADVOCATE)
AND:
... ACCUSED
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 PARYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED No.1 TO 4 FOR NOT COMPLYING WITH THE ORDER/DIRECTION DATED 03.07.2019 IN W.P.NO.27399/2019 PASSED BY THIS HON’BLE COURT AND PUNISH THE ACCUSED No.1 TO 4 FOR WILLFUL DISOBEDIENCE.
THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The learned Senior Counsel appearing for the complainant fairly pointed out that after the contempt petition was filed, the bid submitted by the complainant was evaluated and a work order has been issued to it. However, he pointed out that the direction was to evaluate the bids of all the bidders including the complainant and evaluation of bids of all the bidders has not been done.
the complainant, no case is made out to initiate the action
under the Contempt of Courts Act, 1971.
Sd/CHIEF JUSTICE
Sd/JUDGE
AHB
1 issue framed by the court
Whether to initiate contempt proceedings against BBMP officials for not complying with the court order directing evaluation of all bids.
2 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
