Disposed

Sri G.N. Lakshmipathy Naicker v. Sri G.M. Gangadhara Swamy K.A.S

Karnataka HC12 Jan 2021CCC/581/2020

Case brief

AI extract

What is this about?

The High Court disposed of a contempt petition filed under the Contempt of Courts Act, 1971 against accused persons for alleged disobedience of an order. The Court held that since the appeal against the impugned order was admitted and stayed, no immediate action could be taken, though the complainant was permitted to revive the petition pending final disposition of the appeal.

What did the court decide?

Petition dismissed with permission to file a fresh petition or apply for revival if the underlying order is confirmed or stay vacated.

Sri G.N. Lakshmipathy Naicker Vs Sri G.M. Gangadhara… — Contempt of Court | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JANUARY, 2021

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

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C.C.C NO.581 OF 2020 (CIVIL)

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BETWEEN:

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SRI G.N. LAKSHMIPATHY NAICKER AGED ABOUT 71 YEARS S/O SRI NARASIMHA NAICKER RETIRED ASSISTANT GENERAL MANAGER (F & C) (I.R.O) BANGALORE ELECTRICITY SUPPLY COMPANY LTD. BMAZ OFFICE BESCOM BANGALORE RESIDING AT NO.58 ITTAMADU, BDA LAYOUT 2^ND MAIN, KEB ROAD BANASHANKARI 3^RD STAGE III PHASE BANGALORE-560085 (BY SHRI RAJASHEKAR P., ADVOCATE)

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... COMPLAINANT

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AND:

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1 . SRI G.M. GANGADHARA SWAMY K.A.S THE DIRECTOR (ADMINISTRATION AND H.R.D) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CAUVERY BHAVAN BANGALORE-560009

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2 . SMT. SUMITHRA THE MANAGER ESTABLISHMENT CORPORATE OFFICE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED BANGALORE-560009 THE COMMISSIONER OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE-560001

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3 . SRI M.B. RAJESH GOWDA, I.A.S THE MANAGING DIRECTOR BANGALORE ELECTRICITY SUPPLY COMPANY LTD., CORPORATE OFFICE K.R. CIRCLE BANGALORE-560001

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4 . SRI H.C. SHREE RAMEGOWDA THE CHIEF ENGINEER (ELECTRICITY) BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED BANGALORE METROPOLITAN AREA ZONE 3^RD FLOOR, MAHARUSHI ARAVIND BHAVANA NRUPATUNGA ROAD BANGALORE-560001

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... ACCUSED

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(BY SHRI P. PRASANNA KUMAR, ADVOCATE FOR A1-A2 & SHRI H. SHANTHI BHUSHAN, ADVOCATE FOR A3-A4)

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THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED PERSON FOR THEIR DELIBERATE DISOBEDIENCE OF THE ORDERS DATED 20.11.2019 MADE IN W.P.NO.55159/2013 (S-PRO) AND ETC.

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THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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The learned counsel appearing for the first and second accused as well as the learned counsel appearing for the third and fourth accused are present.

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A memo is filed on record along with which, the order dated 8^th January 2021 has been produced. It shows that the appeal against the order of which breach is alleged has been admitted and the order has been stayed.

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Hence, at this stage, no action can be initiated

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under the Contempt of Courts Act, 1971. Accordingly, we dispose of the contempt petition.

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In the event, the stay is vacated or if the order of which breach is committed is confirmed, we permit the complainant either to file a fresh contempt petition or to apply for revival of this contempt petition.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

Sri G.N. Lakshmipathy Naicker v. Sri G.M. Gangadhara Swamy K.A.S

Case brief

What is this about?

What did the court decide?

Sri G.N. Lakshmipathy Naicker v. Sri G.M. Gangadhara Swamy K.A.S

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

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