Complainant sought contempt action against respondents for allegedly disobeying an interim order dated 04.07.2023 in a pending writ appeal. The Court held that rights were not finally crystallised and declined to entertain the petition, permitting the complainant to raise contentions before the appellate bench.
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NC: 2024:KHC:37127-DB CCC No. 758 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K V ARAVIND
CCC NO. 758 OF 2024 (CIVIL)
BETWEEN :
…COMPLAINANT
(BY SRI DARSHAN JAIN M, ADVOCATE FOR SRI VISHWANATH N, ADVOCATE)
Digitally signed by AMBIKA H B Location: High Court of Karnataka
AND :
BOTH HAVING OFFICE AT B.T.L EDUCATION TRUST PLOT NO 259/B, BOMMASANDRA INDUSTRIAL AREA BOMMASANDRA ANEKAL TALUK BANGALORE – 560 099
…ACCUSED
NC: 2024:KHC:37127-DB CCC No. 758 of 2024
THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA, R/W SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO SUMMON THE ACCUSED PERSONS AND DEALT AND PUNISH THEM WITH THE PROVISIONS OF THE CONTEMPT OF COURT ACT IN DISOBEYING THE ORDER DATED 04.07.2023 PASSED BY THIS HON’BLE COURT IN W.A. NO.248/2023 (LA-KIADB) AS PER ANNEXURE – B & ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and
HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Having heard learned advocate Mr. Darshan Jain M for the complainant and having noticed the nature of the order dated 04.07.2023 passed in Writ Appeal No.248 of 2023, which is an interim order and further considering the aspect that the writ appeal is pending before the competent Bench, since it could not be said that the rights of the parties have been finally crystalised, at this stage, the Court is not inclined to entertain the present contempt petition in respect of the said interim order dated 04.07.2023.
NC: 2024:KHC:37127-DB CCC No. 758 of 2024
all the available contentions of law and facts. It will be also open to the complainant to get the writ appeal listed at an appropriate earlier date.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K V ARAVIND) JUDGE
AHB List No.: 1 Sl No.: 1
1 issue framed by the court
Whether contempt proceedings should be entertained for alleged disobedience of an interim order in a pending writ appeal.
2 provisions across 2 enactments
Smt. Doddamma
Dr. Ranganatha
Dr Smt Suma
N. V. Anjaria
K V Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
