Single judge allowed a joint submission that an order was stayed by a pending Division Bench special appeal. The court dismissed the contempt petition as respondents cannot be guilty of non-compliance during the stay.
Contempt petition dismissed; liberty granted to file fresh petition if occasion arises.
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.
[2023:RJ-JD:38846]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Writ Contempt No. 349/2022
----Petitioners
----Respondents
For Petitioner(s) : Mr. Surendra Choudhary. For Respondent(s) : Mr. Kailash Choudhary.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
08/11/2023
Learned counsel for the parties jointly submitted that D.B. Special Appeal (Writ) No.644/2022, preferred by the State is pending before the Division Bench of this Court. The order under challenge has been stayed by the Division Bench vide order dated 13.03.2023.
(2 of 2)
[2023:RJ-JD:38846]
[WCP-349/2022]
In view of aforesaid, the respondents cannot be held guilty
for willful non compliance of the order dated 20.11.2021.
Consequently, the present contempt petition is dismissed granting liberty to the petitioners to file afresh contempt petition, if occasion so arises.
(KULDEEP MATHUR),J
226-Prashant/-
1 issue framed by the court
Whether respondents can be held guilty of willful non-compliance of a stayed order.
Sriram Barupal
Leela Barupal
Abhay Kumar
M L Lathar
Navjyoti Gogoi
Vinit Kumar Bansal
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
