The High Court dropped contempt proceedings filed against the respondent accused for alleged willful disobedience of an order. The court observed that the accused had filed an affidavit stating compliance via a Board order, leading to the dismissal of the petition.
Contempt proceedings against the accused were dropped.
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 18TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON’BLE Mrs. JUSTICE M.G. UMA
C.C.C.No.1012/2021 (CIVIL)
BETWEEN:
SRI DR. T. VENKATESHAIAH, S/O. LATE THIMAIAH, AGED ABOUT 59 YEARS, DIRECTOR, FINANCE, (NOW UNDER THE ORDER OF DISMISSAL) KARNATAKA SOAPS AND DETERGENT LIMITED (A GOVERNMENT OF KARNATAKA UNDERTAKING), OFFICE AT #27, INDUSTRIAL SUB-URB, BANGALORE -POONA HIGHWAY, RAJAJINAGAR, BANGALORE - 560 055
...COMPLAINANT
(BY SRI. NAGARAJAPPA.A., ADVOCATE)
AND:
SRI. MAHESH SHIRUR, IFS S/O BASAVARAJU SHIRUR, AGED ABOUT 53 YEARS, SECRETARY TO THE BOARD/
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APPELLATE AUTHORITY CUM -MANAGING DIRECTOR, KARNATAKA SOAPS AND DETERGENT LIMITED, (A GOVERNMENT OF KARNATAKA UNDERTAKING), OFFICE AT #27, INDUSTRIAL SUB-URB, BANGALORE-POONA HIGHWAY, RAJAJINAGAR, BANGALORE - 560 055
…ACCUSED
(BY SMT. SUNITHA SRINIVAS, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.NO.10157/2020 (S-RES) ON 08.01.2021 AND PUNISH THE ACCUSED UNDER THE PROVISIONS OF CONTEMPT OF COURT ACT.
THIS CCC COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO CONFERENCE B.VEERAPPA J. , MADE THE FOLLOWING:
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O R D E R
The complainant has filed the present contempt petition to take action against accused under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971, for willful disobedience of the order dated 08.01.2021 made in W.P.No.10157/2020 passed by the learned Single Judge, wherein, learned Single Judge while allowing the writ petition, quashed the order passed by the Appellate Authority and remitted back the matter to the Appellate Authority to consider the appeal as required under Rule 23 of the Karnataka Soaps & Detergents Limited Conduct and Disciplinary Action Rules, 1984 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of copy of the order.
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complied the order passed by the learned Single Judge and specifically stated at Paragraph No.5 in the affidavit, which reads as under:
"5. I respectfully state that the views of the government was placed before the 255th Board Meeting dated 12.11.2021 and after deliberations by the Board of Directors and the proceedings of the Board meeting which was approved on 20.12.2021 it was decided as follows:
"After due deliberations the Board of Directors of the Company decided to adhere to the decision taken by the Board of Directors in its 254th Board Meeting and further authorize the Managing Director to initiate further action in the said instance."
The proceedings of the Appellate Authority, the Board of Directors was communicated by Karnataka Soaps & Detergents Limited to the Complainant by order No.KSDL/HRD/2021-22/1218 dated 13.01.2022. A copy of the order No.KSDL/HRD/2021-22/1218 dated 13.01.2022 is annexed herewith and marked as Annexure-A. "
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by the learned counsel for the complainant, therefore, we pass the following:
ORDER
Sd/-
JUDGE
Sd/JUDGE
SMJ
1 issue framed by the court
Whether contempt proceedings for willful disobedience of an order should continue when the accused has filed an affidavit stating compliance with the order.
1 provisions across 1 enactments
SRI DR. T. VENKATESHAIAH
SRI. MAHESH SHIRUR
B. VEERAPPA
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
