Dismissed

Dr. K Raviprakash v. Pradeep Kumar P K

Karnataka HC24 Nov 2022CCC/1831/2019

Case brief

AI extract

What is this about?

A civil contempt petition was filed against a Deputy Director of ESI Corporation for allegedly disobeying an interim order in a writ petition. The High Court of Karnataka heard the petition, noting the accused had acted subject to a stay order. Consequently, the Court held that the contempt proceedings were without merit.

What did the court decide?

The contempt proceedings against the accused were dropped.

Dr. K Raviprakash Vs Pradeep Kumar P K — Contempt of Court | Karnataka HC (2022)

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CCC No. 1831 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF NOVEMBER, 2022

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PRESENT

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THE HON'BLE MR. JUSTICE B.VEERAPPA

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AND

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THE HON'BLE MRS. JUSTICE K. S. HEMALEKHA

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CIVIL CONTEMPT PETITION NO. 1831 OF 2019

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BETWEEN:

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DR. K. RAVIPRAKASH, S/O KAJE THIMMANNA BHAT, AGED ABOUT 52 YEARS, MANAGING PARTNER OF M/S DHANAVANTHARI HOSPITAL, DARBE, PUTTUR, D. K. DISTRICT-574202.

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…COMPLAINANT

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(BY SRI. KRISHNAMOORTHY D., ADVOCATE)

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AND:

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Digitally signed by USHA NAGENAHALLI SHANMUKHAPPA Location: High Court of Karnataka

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PRADEEP KUMAR P. K., AGED ABOUT 45 YEARS, DEPUTY DIRECTOR, ESI CORPORATION, SUB REGIONAL OFFICE, MANGALORE, DOOR NO.5/7/708/11, 1^ST FLOOR, CITY POINT, NAVABHARATH CIRCLE, KODIYALBAIL, MANGALORE-575003.

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(BY SMT. GEETHADEVI M. PAPANNA, ADVOCATE) *****

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…ACCUSED

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CCC No. 1831 of 2019

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA AND BY THE COMPLAINANT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER DATED 25.03.2015 PASSED BY THIS COURT IN WP NO.11417/2015 BY PASSING THE ORDER DATED 16.09.2019 UNDER SECTION 45-A OF THE ESI ACT 1948 BY IGNORING HIS OWN STATEMENT BEFORE THIS COURT IN CCC NO.1881/2018 AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW UNDER THE PROVISIONS OF THE CONTEMPT OF COURT ACT.

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THIS CCC COMING ON FOR ORDERS THIS DAY, B.VEERAPPA J., MADE THE FOLLOWING:

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O R D E R

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The complainant haa filed the present contempt petition under the provisions of Sections 11 and 12 of the Contempt of Courts Act and r/w Article 215 of the Constitution of India to initiate contempt proceedings against the accused for willful disobedience of the order dated 25.3.2015 passed in W.P.No. 11417/2015 by the learned Single Judge of this Court directing the accused not to precipitate the crisis subject to complainant

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CCC No. 1831 of 2019

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depositing 25% of the demanded amounts with the accused within ten days from the date of the order.

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The grievance of the complainant is that inspite of the interim order passed by this Court, the accused has proceeded to pass the order dated 16.9.2019 under Section 45-A of the ESI Act, 1948 on 14.6.2018 and subsequently on 16.9.2019 and perse a contempt.

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The learned Counsel for the accused has filed a memo along with a copy of the Addendum/Corrigendum dated 21.11.2022 and the same is taken on record. The operative portion of the said order reads as under:

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" The ESI Corporation has initiated the proceedings in respect of the period 01/08/2014 to 30/04/2018, in view of the limitation prescribed under Section 45A of the ESI Act. However, this order dated 16.09.2019 will subject to the outcome of the writ petition and will be kept in abeyance till the disposal of the Writ petition No.11417 of 2015 pending on the file of the Hon'ble High Court of Karnataka."

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CCC No. 1831 of 2019

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4. In view of the above, we pass the following:

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ORDER

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The contempt proceedings are hereby dropped.

Sd/JUDGE

Sd/-

JUDGE

Nsu/-

Dr. K Raviprakash v. Pradeep Kumar P K

Case brief

What is this about?

What did the court decide?

Dr. K Raviprakash v. Pradeep Kumar P K

Case brief

What is this about?

What did the court decide?

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