A criminal contempt petition filed by a developer against multiple respondents was dropped after the complainant filed a memo stating proceedings should be dropped in view of affidavits/undertakings given by the accused.
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.
NC: 2024:KHC:43563-DB CRL.CCC No. 02 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CRIMINAL CONTEMPT PETITION NO. 02 OF 2019
BETWEEN:
M/S ORCHARD DEVELOPERS O/A NO.10/1, GROUND FLOOR LAKSHMINARAYANA COMPLEX PALACE ROAD BENGALURU-560 052 REPRESENTED BY ITS PARTNER MR. ASHWIN PAI S/O P. SATISH PAI AGED ABOUT 39 YEARS.
…COMPLAINANT
Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA
(BY SRI. KIRAN .J AND SRI. PAVAN G.N, ADVOCATES)
AND:
NC: 2024:KHC:43563-DB CRL.CCC No. 02 of 2019
AMC ROAD, BASAVANAGAR, BANGALORE-560 045.
PERSONS NAMED AT SL.NO. 3 TO 10 ARE RESIDING AT HOUSE NO.572, 10TH CROSS, BADIHALLI, NEAR KANNADA GOVERNMENT SCHOOL, KYTASANDRA POST, TUMAKUR-572 104.
S/O LATE AMEERJAN @ SATTAR AGED ABOUT 50 YEARS RESIDING AT NO.171 SEPPINGS ROAD BANGALORE-560 051.
BANGALORE RURAL DISTRICT-562 110.
AGED ABOUT 39 YEARS HABBATANAHALLI VILLAGE MALLASANDRA POST TUMKUR TALUK & DISTRICT
…ACCUSED (BY SRI. S.S. PARIKHIT, ADVOCATE FOR A1 & A2 – ABSENT, SRI. SYED UMMER, ADVOCATE FOR A4 TO A11 SRI. KESHAVAMURTHY H.B, ADVOCATE FOR A12 – ABSENT SRI. R.B. SADASHIVAPPA, ADVOCATE FOR A13 & A14 –ABSENT SRI. P. JAGANNATH, ADVOCATE FOR A15 & A16 SRI. NAMRATA MALIK, ADOCATE FOR A17 – ABSENT SRI.G.R. SANTHOSH, ADVOCATE FOR A18 – ABSENT VIDE ORDER DATED 25.04.2019 PROCEEDINGS AGAINT, A3 IS ABATED)
THIS CRIMINAL CONTEMPT CASE FILED UNDER SECTION 15(1)(b) OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO a) TAKE COGNIZANE OF THE CRIMINAL CONTEMPT AGAINST THE ACCUSED PERSONS ON THE BASIS OF INFORMATION DISCLOSED IN THE PRESENT COMPLAINT VIDE PARAS 43, WHICH IS FILED WITH THE CONSENT IN WRITING OF THE LEARNED ADVOCATE GENERAL, HON'BLE HIGH COURT OF KARNATAKA,
BENGALURU AT ANNEXURE-R IN APPLICATION NO.06/2019 ORDER DATED 07.03.2019.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE RAJESH RAI K
ORAL ORDER
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This contempt proceeding is initiated by the complainant-M/s. Orchard Developers under Section 15(1)(b) of the Contempt of Courts Act, 1971 (hereinafter referred to as the ‘Act’ for short) against the respondents/accused with the following prayers:
respondents/accused Nos.11 and 12 are required to submit
the affidavit in respect of the suit schedule property depicted in civil suits.
this matter, the learned counsel for the complainant has filed memo stating that this contempt proceeding be dropped in view of the affidavit/undertaken given by the accused.
the learned counsel for the complainant in this matter, it is deemed appropriate to state that there is no consequence to persuade the contempt proceeding any further. Consequently, the contempt proceeding is hereby
dropped .
Sd/(K.SOMASHEKAR) JUDGE
Sd/(RAJESH RAI K) JUDGE
KTY/List No.: 1 Sl No.: 6
2 provisions across 1 enactments
M/S Orchard Developers (represented by partner Ashwin Pai)
Mrs. Salma Taj
Mrs. Rehab Begum
Mrs Budaan Bee
Mr. Sadiq Pasha
Mrs. Sabeen Taj
K. Somashekar
Rajesh Rai K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
