Dismissed

Dinesh Sarwe v. Kerala Cycle Polo Association

Kerala HC12 Feb 2024Con.APP(C)/6/2023

Case brief

AI extract

What is this about?

Bench disposed of two contempt appeals filed challenging orders in Contempt Case 2657/2022. Court recorded counsel's submission and dismissed both appeals as withdrawn, retaining the appellant's right to contest before the Single Judge.

What did the court decide?

Appeals dismissed as withdrawn, without prejudice to the right of the appellant to raise appropriate contentions before the learned Single Judge.

Dinesh Sarwe Vs Kerala Cycle Polo Association — Contempt of Court | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

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¶5

THE HONOURABLE MR. JUSTICE G. GIRISH

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MONDAY, THE 12TH DAY OF FEBRUARY 2024/23RD MAGHA, 1945

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CON.APP(C) NO.3OF 2023

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AGAINST THE ORDER IN CON.CASE(C) 2657/2022 OF HIGH COURT OF
KERALA

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APPELLANT/1ST RESPONDENT:

¶10

DINESH SANWE
AGED 58 YEARS, S/O. PATIRAM,
RESIDING AT 177 BHOLE NIWAS, UDAY NAGAR SQUARE,
NEAR JANKI NAGAR PRIMARY SCHOOL, NAGPUR,
MHALGINAGAR, MAHARASHTRA., PIN – 440 034

¶11

BY ADVS.
AJWIN P LALSON
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINOD KUMAR
ARYA RAGHUNATH
VAISAKHI V.
T.M.MUHAMMED MUSTHAQ
AYSHA E.M.
SHIFANA KAISE

¶12

RESPONDENT/PETITIONER:

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KERALA CYCLE POLO ASSOCIATION, REG NO.1471/1990,
HAVING ADDRESS AT TC 20/1232, KARAMANA P.O,
THIRUVANANTHAPURAM, PIN – 695 002

¶14

BY ADVS.
SANTHAN V.NAIR
R.RENJITH(K/735/1999)
SAFAL P. SALIM(K/003562/2022)

¶15

THIS CONTEMPT APPEALS (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.02.2024, ALONG WITH Con.APP(C).6/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

¶17

Cont.Appeal C)Nos.3 & 6 of 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶20

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

¶21

¶22

THE HONOURABLE MR. JUSTICE G. GIRISH

¶23

MONDAY, THE 12TH DAY OF FEBRUARY 2024/23RD MAGHA, 1945

¶24

CON.APP(C) NO.6OF 2023

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AGAINST THE ORDER IN CON.CASE(C) No.2657/2022 OF HIGH COURT
OF KERALA

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APPELLANT/1ST RESPONDENT:

¶27

DINESH SANWE
AGED 58 YEARS, S/O. PATIRAM, RESIDING AT 177 BHOLE
NIWAS, UDAY NAGAR SQUARE, NEAR JANKI NAGAR PRIMARY
SCHOOL, NAGPUR, MHALGINAGAR, MAHARASHTRA.,
PIN – 440 034
BY ADVS.
ARYA RAGHUNATH
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINOD KUMAR
VAISAKHI V.
T.M.MUHAMMED MUSTHAQ
AJWIN P LALSON
P.LAKSHMI
AYSHA E.M.
SHIFANA KAISE

¶28

RESPONDENT/PETITIONER:

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KERALA CYCLE POLO ASSOCIATION, REG NO.1471/1990,
HAVING ADDRESS AT TC 20/1232, KARAMANA P.O,
THIRYUVANANTHAPURAM, PIN – 695 002

¶30

BY ADV
R. RENJITH

¶31

THIS CONTEMPT APPEALS (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.02.2024, ALONG WITH Con.APP(C).3/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶32

¶33

Cont.Appeal C)Nos.3 & 6 of 2023

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JUDGMENT

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Anil K. Narendran, J.

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Contempt Appeal No.3 of 2023 is filed by the 1^st respondent in Contempt Case(C)No.2657 of 2022, invoking the provisions under Section 19(1) of the Contempt of Courts Act, 1971 challenging the order dated 20.02.2023 of the learned Single Judge. The said order reads thus:

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“Having heard the learned Counsel on either side and having considered the reply filed by the respondents, a prima facie case of willful and deliberate violation of this Court’s direction is made out against the 1^st respondent. At the same time, the materials are not sufficient to indicate any willful disobedience by the 2^nd respondent. Accordingly, the contempt proceedings against the 2^nd respondent is dropped.

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Post on 10.03.2023 for framing charge against the 1^st respondent. The 1^st respondent shall be present before this Court on the next posting date.”

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1.1. On 13.07.2023, when this Contempt Appeal came up for consideration, the respondent entered appearance through counsel.

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Contempt Appeal No.6 of 2023 is one filed by the appellant in Contempt Appeal (C)No.3 of 2023, challenging the order dated 10.03.2023 of the learned Single Judge in Contempt Case(C)No.2657 of 2022, whereby charge was framed against the appellant, which was read over and explained to him, which

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Cont.Appeal C)Nos.3 & 6 of 2023

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he denied.

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On 08.11.2023, when the above appeals came up for consideration, the learned counsel on both sides was directed to exchange the list of authorities as provided under Rule 95 of the Rules of the High Court of Kerala, 1971.

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Heard the learned counsel for the appellant and also the learned counsel for the respondent.

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After arguing for some time, the learned counsel for the appellant seeks permission to withdraw these appeals, without prejudice to the right of the appellant to raise appropriate contentions before the learned Single Judge.

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Based on the aforesaid submission made by the learned

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counsel for the appellant, these appeals are dismissed as withdrawn, without prejudice to the aforesaid right of the appellant.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

Sd/-

G. GIRISH, JUDGE

ded

Cont.Appeal C)Nos.3 & 6 of 2023

¶56

APPENDIX OF CON.APP(C) 3/2023

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PETITIONER ANNEXURES

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Annexure A1A TRUE COPY OF THE ORDER DATED 15/12/2022 IN WP
(C) NO.39313/2022 THE LEARNED SINGLE JUDGE OF
THIS HON'BLE COURT

¶59

Annexure A2A TRUE COPY OF THE MEDICAL CERTIFICATE DATED
17/06/2023 ISSUED BY DR.OMPRAKASH GURALWAR IN
THE NAME OF THE APPELLANT

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RESPONDENT ANNEXURES

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ANNEXURE R1(A) TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT ON 3.7. 2023 IN CONTEMPT CASE NO. 2657 OF 2022

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EXHIBIT R1(A) TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT ON 3-7-2023 IN CONTEMPT CASE NO. 2657 OF 2022

¶63

¶64

Cont.Appeal C)Nos.3 & 6 of 2023

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APPENDIX OF CON.APP(C) 6/2023

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PETITIONER ANNEXURES

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Annexure A1A TRUE COPY OF THE ORDER DATED 15/12/2022 IN WP
(C) NO.39313/2022 THE LEARNED SINGLE JUDGE OF
THIS HON'BLE COURT.

¶68

Annexure A2A TRUE COPY OF THE CONTEMPT CASE NO.2657/2022
FILED BY THE RESPONDENT ON THE FILE OF THIS
HON'BLE COURT.

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Annexure A3A TRUE COPY OF THE AFFIDAVIT DATED 19/01/2023
FILED BY THE APPELLANT, AS DIRECTED ON
12/01/2023 BY THE LEARNED SINGLE JUDGE IN
CON.CASE NO.2657/2022.

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Annexure A4A TRUE COPY OF THE REPLY AFFIDAVIT DATED
26/01/2023 SUBMITTED BY THE RESPONDENT, IN
RESPONSE TO ANNEXURE A3 AFFIDAVIT OF THE
APPELLANT.
Annexure A5A TRUE COPY OF THE ORDER DATED 20/02/2023 IN
CONTEMPT CASE (C) NO.2657/2022 OF THIS HON'BLE
COURT.
Annexure A6A TRUE COPY OF IA NO.1/2023 IN WP(C)
NO.39313/2022 ON THE FILE OF THIS HON'BLE COURT
FILED BY THE RESPONDENT.
Annexure A7A TRUE COPY OF THE ORDER DATED 20/06/2023 IN IA
NO.1/2023 IN WP(C) NO.39313/2022 OF THIS
HON'BLE COURT.
Annexure A8A TRUE COPY OF THE E-MAIL DATED 22/06/2023
ALONG WITH THE LIST OF PARTICIPANTS IN THE
NATIONAL CYCLE POLO CHAMPIONSHIPS 2022-23 SENT
BY THE RESPONDENT THROUGH ITS LAWYER.
Annexure A9A TRUE COPY OF THE E-MAIL DATED 30/06/2023
ALONG WITH THE LIST OF PARTICIPANTS IN THE
NATIONAL CYCLE POLO CHAMPIONSHIPS 2022-23 WITH
DETAILS SENT BY THE RESPONDENT THROUGH ITS
LAWYER.

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RESPONDENT ANNEXURES

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ANNEXURE R1(A)TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY THIS
HONOURABLE COURT ON 3-7-2023 IN CONTEMPT CASE
NO. 2657 OF 2022
EXHIBIT R1(A)TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY THIS
HONOURABLE COURT ON 3-7-2023 IN CONTEMPT CASE
NO. 2657 OF 2022

Dinesh Sarwe v. Kerala Cycle Polo Association

Case brief

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Dinesh Sarwe v. Kerala Cycle Polo Association

Case brief

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