Dismissed

Praveen Garg S/O Shri Harish Chand Garg v. Kamal Jhiriwal

Rajasthan HC21 Mar 2023CCP/15/2023

Case brief

AI extract

What is this about?

The High Court dismissed a contempt petition alleging violation of a status quo direction. The court accepted the respondents' undertaking not to sell or transfer the exchanged vehicles and their unconditional apology, deciding not to punish the alleged unintentional breach.

What did the court decide?

The contempt petition was dismissed; notices were discharged. Contempt proceedings were closed without punishment.

Praveen Garg S/O Shri Harish Chand Garg Vs Kamal Jhiriwal — Contempt of Court | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Contempt Petition No.15/2023

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S.B. Civil Misc. Appeal No.1776/2021

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Praveen Garg, S/o Shri Harish Chand Garg, aged about 49 years, R/o 51, Basant Vihar Alwar

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----Petitioner

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Versus

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Kamal Jhiriwal, President, Groupnet Education and Welfare Society, Raghu Marg, Alwar (Rajasthan) at present Registered office 262, Basant Vihar, Scheme No.3, Alwar Rajasthan

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Robin Jhiriwal, Secretary/Mantri, Groupnet Education and Welfare Society, Raghu Marg, Alwar (Rajasthan) at present Registered office 262, Basant Vihar, Scheme No.3, Alwar Rajasthan

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----Respondents/Contemnors

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For Petitioner(s)	: Mr. Praveen Garg, present in person
For Respondent(s)	: Mr. Robin Jhiriwal, respondent No.2, present in person
	Mr. Jitendra Kumar Vijay, Authority Holder of respondent No.1- Kamal Jhiriwal

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

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21/03/2023

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The respondents have submitted a copy of the reply filed by them in the office today as also a copy of the undertaking furnished by Mr. Kamal Jhiriwal, President, Groupnet Education & Welfare Society for perusal of this Court. The reply and the undertaking are taken on record.

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Inviting attention of this Court towards the contents of the reply and the undertaking, respondents submit that they have not sold two vehicles as alleged in the contempt petition; rather, these two old vehicles have been exchanged with new vehicles. They submit that the respondent No.1 has furnished an undertaking not to sell/transfer/alienate or dispose of the exchanged vehicles during pendency of the appeal or without previous permission of

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(2 of 2)

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[CCP-15/2023]

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this Court. They submit that they have replaced the old vehicles which were not in a position to be plied with new buses having higher value and worth, bona fidely. They submit that they tender unconditional apology for the unintentional and bona fide violation of direction of this Court to maintain status quo.

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Per contra, the petitioner submits that the old buses have been exchanged in violation of direction of this Court for which the respondents are liable to be suitably punished.

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Heard. Considered.

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This Court has, vide order dated 22.10.2021, contempt whereof is alleged, directed the parties to maintain status quo. Although, the order of status quo has been violated; but, in view of the exchange of the old buses with new buses of higher worth, the petitioner is not going to suffer any prejudice on account of violation which does not appear to be wilful. In view of the categorical undertaking furnished by the respondent No.1, the President of the Society, not to sell/transfer/alienate or dispose of the exchanged vehicles during pendency of the appeal or without previous permission of this Court, this Court does not propose to proceed in the matter further and accepting the unconditional apology tendered by the respondents, closes the contempt proceedings.

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The contempt petition is dismissed accordingly.

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Notices are discharged.

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(MAHENDAR KUMAR GOYAL),J

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Sudha/122

Praveen Garg S/O Shri Harish Chand Garg v. Kamal Jhiriwal

Case brief

What is this about?

What did the court decide?

Praveen Garg S/O Shri Harish Chand Garg v. Kamal Jhiriwal

Case brief

What is this about?

What did the court decide?

What the court decided

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