High Court of Karnataka disposed contempt petition where accused delayed complying with order. Court imposed costs on accused, discharged earlier notice, and listed matter for compliance reporting despite order utilizing videoconferencing.
Contempt petition disposed; notice discharged; payable Rs. 15,000 costs; listed on 12.03.2021 for compliance reporting.
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 15TH 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. 599 OF 2020 (CIVIL)
BETWEEN
...COMPLAINANTS
(BY SRI NAIK V.S., ADVOCATE)
AND
EMPLOYEES PROVIDENT FUND ORGANISATION BHAVISHYANIDHI BHAVAN 14 BHIKAJI CAMA PLACE NEW DELHI – 110 066
ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANISATION BHAVISHYANIDHI BHAVAN REGIONAL OFFICE GAYATHRIPURAM
MYSURU – 570 019
…ACCUSED
(BY SMT. M.R.SHALAMALA, ADVOCATE FOR A2)
THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE CONTEMPT PROCEEDINGS AND PUNISH THE ACCUSED FOR HAVING DELIBERATELY DISOBEYED THE ORDER DATED 17.08.2020 PASSED BY THIS HON’BLE COURT IN W.P.NO.9197/2020 (L-PF) VIDE ANNEXURE-A AND ETC.
THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the complainants and the learned counsel appearing for the accused.
learned Single Judge for vacating the order of which breach is alleged.
accused very carefully. The stand taken in the statement of objections filed on 6th January 2021 was that the order dated 17th August 2020 cannot be complied with. Now, after complying with the order, the second accused has not shown any remorse. In the affidavit filed today, there is no explanation offered for the gross delay in complying with the order of which breach has been alleged in this petition.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
SN
3 issues framed by the court
Whether the accused liable for costs for gross delay in complying with order though belated compliance offered.
Whether notice against accused can be discharged upon disposal of contempt petition.
Whether petition should be listed for reporting future compliance.
1 provisions across 1 enactments
K.L. Javaregowda and others
Smt. K.L.Taneja and others
Abhay S. Oka
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
