The High Court of Uttarakhand dismissed a contempt petition filed by Smt. Deepa Chaturvedi against an opposing party. The court held that the petition lacked merit as the petitioner could not produce the stay order relied upon.
Contempt petition dismissed; notice against respondent discharged.
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IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Civil Contempt Petition No. 218 of 2008
Smt. Deepa Chaturvedi …Petitioner
Versus
Kumkum Rani, District Judge, Champawat
... Respondent
Sri B.D. Upadhyay, Advocate for petitioner
Dated: November 17, 2008
Hon’ble B.C. Kandpal, J.
By way of this contempt petition under Section 12 of Contempt of Courts Act the petitioner has prayed for issuing notice against the opposite party and punishing her under the Contempt of Courts Act for her willful and deliberate disobedience of the order dated 23.10.2008 passed by this Court in writ petition No. 1041 (S/S) of 2008.
Heard Sri B.D. Upadhyay, learned counsel for the petitioner and perused the record.
The contention of learned counsel for the petitioner is that termination order dated 20.10.2008 passed by District Judge, Champawat has been stayed by this Court vide order dated 23.10.2008 in writ petition no. 1041 (S/S) of 2008. Learned counsel for the petitioner has not been able to show this Court the so called stay order so as to come to know the gist and terms and conditions of the interim order passed by this Court in the aforesaid writ petition. Learned counsel for the petitioner could not show willful and deliberate
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disobedience of any order passed by this Court at this stage. It has also been stated by learned counsel for the petitioner that the said writ petition is still pending and the fate of the same is uncertain.
For the reasons stated above, the petition lacks merit and is liable to be dismissed.
Accordingly, contempt petition is dismissed at this stage. The notice issued against respondent is hereby discharged.
(B.C. Kandpal, J.)
SP
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1 issue framed by the court
Whether the petitioner established willful disobedience of a stay order to justify contempt proceedings.
1 provisions across 1 enactments
Smt. Deepa Chaturvedi
Kumkum Rani
B.C. Kandpal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
