Dismissed

Bimla Nand Bahuguna v. a v Girija Kumar

Uttarakhand HC4 Jul 2022CLCON/10/2022

Case brief

AI extract

What is this about?

This judgment dismisses a contempt application against the Managing Director of Oriental Insurance. The court held the petition was not maintainable due to absence of willful violation and directed the respondent to dispose of the pending suit within two weeks.

What did the court decide?

Disposed of contempt petition holding it not maintainable; directed respondent to dispose of case within two weeks.

Bimla Nand Bahuguna Vs a v Girija Kumar — Contempt of Court | Uttarakhand HC (2022)

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SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			CLCON No. 10 of 2022 Shri Sanjaya Kumar Mishra, J. Mr. Vinodanand Barthwal, learned counsel for the contempt petitioner. This is an application for Civil Contempt against the Managing Director of the Oriental Insurance Company Ltd., New Delhi. The petitioner filed a writ application before this Court for the following relief: _“(_I) Issue a writ order or direction in the nature of mandamus directing the respondent no.3 to pay and refund the entire amount deducted from the petitioner pursuant to the order 27.02.2009 with prevailing interest (contained as Annexure no. 5 to the writ petition)” On the first date itself the writ application was disposed of with the following order: “The petitioner shall file reply to the show cause notice within a period of four weeks’ from the date of its receipt. The respondents shall consider petitioner’s reply and take appropriate decision thereupon within four weeks thereafter.”
			Thereafter, the petitioner filed is show cause before the contemner-

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opposite party. The respondent has yet
not taken any decision thereon. Moreover,
it is brought to our notice that_vide_letter
dated 22.01.2021 respondent has called
the petitioner to file reply from the
complainant.
In these circumstances, this Court is
of the opinion that there is no willful and
deliberate violation of the order passed by
this Court. Hence, the contempt petition
is not maintainable.
We, therefore, dispose of the present
Contempt Petition with a direction to the
respondent to dispose of the case of the
petitioner within a period of two weeks. If
the respondent fails, then the petitioner
has liberty to file an appropriate writ
application before this Court.
(S.K.Mishra, J.)
04.07.2022
Kaushal

Bimla Nand Bahuguna v. a v Girija Kumar

Case brief

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Bimla Nand Bahuguna v. a v Girija Kumar

Case brief

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