Mrs. Rizvana Masood v. Mr. Syed Muneer Basha
Case brief
What is this about?
The High Court of Karnataka refused to entertain a civil contempt petition alleging non-deposit of rent arrears. Holding that the complainants have an alternative remedy before the Commercial Court where the underlying suit is pending, the court did not exercise its contempt jurisdiction and disposed of the petition as not entertained.
What did the court decide?
The contempt petition is disposed of as not entertained; complainants are directed to file appropriate application before the Commercial Court.
What the court decided
- 1 -
NC: 2024:KHC:39508-DB CCC No. 768 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K V ARAVIND CIVIL CONTEMPT PETITION NO. 768 OF 2024
BETWEEN:
- MRS. RIZVANA MASOOD, AGED ABOUT 64 YEARS, W/O MR. MASOOD KAREEM, PRESENTLY RESIDING AT NO. 102, PRESTIGE EXOTICA, CARNATION BLOCK, CUNNINGHAM CRESCENT ROAD, VASANTH NAGAR, BANGALORE 560 001, EMAIL [email protected] PH 9845309066
REPRESENTED BY HER GPA HOLDER
Digitally signed by VASANTHAKUMARY B K
Issues for consideration
2 issues framed by the court
Whether the High Court should exercise its contempt jurisdiction when the grievance can be resolved in the same court where the suit is pending.
Whether a contempt petition should be entertained when an alternative remedy exists before the court passing the impugned order.
Parties & counsel
- petitioner
Mrs. Rizvana Masood and Mr. Nasir Masood
Coram
N. V. Anjaria
K V Aravind
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · September
- Registered
- Case no.
- CCC/768/2024
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