Allowed

Mrs. Sujatha Nayak v. M/S. Gm Infinite Dwelling India Pvt. Ltd.

Karnataka HC19 Jan 2022CCC/528/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka addressed contempt proceedings where the accused company was charged with wilful disobedience of a court order. The accused filed an affidavit confirming full payment of the disputed amount via RTGS, which was not disputed by the complainant. The court accepted this. Ultimately, the contempt proceedings were dropped.

What did the court decide?

Contempt proceedings against the accused are hereby dropped.

Mrs. Sujatha Nayak Vs M/S. Gm Infinite Dwelling… — Execution and Attachment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JANUARY, 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 M.G. UMA

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C.C.C.NO.528 OF 2021 (CIVIL)

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BETWEEN:

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MRS. SUJATHA NAYAK, W/O MR.ABHIRAM NAYAK, AGED ABOUT 35 YEARS, R/AT NO 20, I BLOCK, JANAPRIYA NIVAS, CHIKKABANAVARA POST, BANGALORE – 560 090.

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…COMPLAINANT

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(BY SRI. KESHAVA MURTHY B., ADVOCATE)

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AND:

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M/S. GM INFINITE DWELLING INDIA PVT LTD., HAVING ITS REGISTERED

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OFFICE AT NO.6, G M PEARL, BTM LAYOUT, I STAGE, I PHASE, BANGALORE – 560 068, REPRESENTED BY ITS MANAGING DIRECTOR, MR. GULAM MUSTAFA.

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…ACCUSED

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(BY SRI.J.P.DARSHAN, ADVOCATE)

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THIS C.C.C. IS FILED UNDER ARTICLE 215 OF THE

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CONSTITUTION OF INDIA READ WITH SECTION 11 AND 12

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OF CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN AND PUNISH HIM UNDER THE PROVISIONS OF THE CONTEMPT OF COURTS ACT, FOR DISOBEDIENCE OF THE ORDER DATED 04.02.2021 PASSED BY THIS COURT IN W.P.NO.1416/2021 (GM-RES) SUBMITTED AT ANNEXURE - A.

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THIS C.C.C. COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCING THIS DAY, B.VEERAPPA J. , MADE THE FOLLOWING:

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O R D E R

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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 wilful disobedience of the Order dated 04.02.2021 made in W.P. No.1416/2021, wherein the learned Single Judge while disposing of the writ petition, recording the petitioner's undertaking affidavit, suspended the Order passed by the Special Tahsildar dated 18.11.2020 till 05.05.2021 and directed the petitioner(accused herein) to pay the amount mentioned in the affidavit of undertaking to the 2nd respondent (complainant herein) on or before 28.04.2021. It was further observed that if the amount is not paid in terms of the affidavit dated 18.11.2020 at Annexure-A in the writ petition, the order of the Special Tahsildar shall come into force.

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Shri Keshava Murthy B., learned counsel for the accused submits that Shri Gulam Mustafa, the

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authorised representative of the accused company has filed the affidavit submitting that the amounts due to the petitioner in terms of the order of the learned Single Judge has been paid and thereby, the order of the learned Single Judge has been complied. He invited the attention of the Court to details of compliance mentioned at para Nos.13 to

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16 which read as under:

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" 13. That the Accused Company has thereafter fully paid the balance amount of Rs.17,77,780/- in two instalments as provide below:

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a. Rs.12,00,000/- (Twelve Lakhs Only) on 25.08.2021 through RTGS bearing UTR Ref No. TMBLH21237074514.

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b. Rs.5,77,780/- on 05.09.2021 though

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RTGS bearing UTR Ref No.TMBLH21248052594.

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The entire amounts paid to the company are as follows:

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DATE	AMOUNT
04.02.2021	RS.10,00,000/-
29.04.2021	RS.10,00,000/-
30.06.2021	RS.5,00,000/-
25.08.2021	RS.12,00,000/-
05.09.2021	RS.5,77,780/-
TOTAL AMOUNT PAID	RS.42,77,780/-

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That the delay in making to payment to the Complainant is due to aforesaid bonafide reasons and that Accused company has not deliberately or willfully delayed or defaulted in making the payment as alleged by the Complainant and has fully complied with the order of the Hon'ble Court and has made the payment due to the Complainant as per the undertaking.

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That there is no amount due to be paid by the Accused Company to the Complainant as per the undertaking and the orders of the Hon'ble Court in WP No.1416/2021 and that the amount has been fully paid and no amount is due from the Accused Company to the Complainant. "

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The above aspects are not disputed by the

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complainant. Hence, we pass the following:

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ORDER

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The contempt proceedings is hereby dropped.

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Sd/JUDGE

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Sd/JUDGE

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sac*

Mrs. Sujatha Nayak v. M/S. Gm Infinite Dwelling India Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Mrs. Sujatha Nayak v. M/S. Gm Infinite Dwelling India Pvt. Ltd.

Case brief

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What did the court decide?

What the court decided

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