The court held that since the order in question is appealable, the court is not inclined to entertain the contempt application. The matter is disposed of with the contempt proceedings dropped.
The contempt proceeding was dropped.
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CONTC No. 6510 of 2020
02. 19.01.2021
This matter is taken up through video conferencing. Heard Mr. K.K. Mishra, learned counsel for the petitioner. The petitioner has filed this application alleging noncompliance of the order dated 11.09.2020 passed in W.P.(C) No.22425 of 2020, by which this Court disposed of the writ petition permitting the petitioner to re-tender the instrument before the Sub-Registrar within seven days and in such event, the SubRegistrar would do well in passing an order on the registerability or non-registerability of the same but, however, taking into consideration the support of the judgment filed by the petitioner under Annexure-2 to the writ petition.
Mr. K.K. Mishra, learned counsel for the petitioner contended that though the petitioner re-tendered the documents for registration before the Sub-Registrar, but without giving opportunity and without taking into consideration the judgment of the apex Court, the said opposite party refused to register the documents. Thereby, there is violation of the order passed by this Court.
As it appears, the order so passed by the authority is appealable one and, as such, this Court is not inclined to entertain this contempt application. However, if the petitioner is so aggrieved, he may approach the appropriate forum by preferring appeal or challenge the same in accordance with law not by way of contempt application.
The contempt proceeding is accordingly dropped.
…………….…………… (Dr. B.R. Sarangi) Judge
Ashok
2 issues framed by the court
Whether a contempt application is maintainable in respect of an order that is appealable.
Whether the court should entertain the contempt proceedings or direct the petitioner to file an appeal.
Petitioner
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
