Messrs Radhey Shyam Vinod Kumar ... vs Pravin Mishra & Another
2014 Latest Caselaw 3066 ALL

Citation : 2014 Latest Caselaw 3066 ALL
Judgement Date : 14 July, 2014

Allahabad High Court

Messrs Radhey Shyam Vinod Kumar ... vs Pravin Mishra & Another on 14 July, 2014

Bench: Devendra Kumar Arora




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 1063 of 2014
 

 
Applicant :- Messrs Radhey Shyam Vinod Kumar Through Proprietor Radhey Sh
 
Opposite Party :- Pravin Mishra & Another
 
Counsel for Applicant :- Sabhapati Shukla,Rajesh Shukla
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard learned counsel for the applicant.

Applicant alleges non-compliance of order dated 24.05.2013 passed in Writ Petition No. 1229 (M/S) of 2008 (M/s Radhey Shyam Vinod Kumar, Dealer, Hindustan Petroleum Corporation Ltd. Vs. Executive Director, Retail & Appellate Authority, Hindustan Petroleum Corporation Ltd. & others), whereby the writ Court quashed the order dated 18.07.2007 (Annexure No. 13 to the writ petition), by which the applicant's agreement of dealership was cancelled with respect to sale of Petroleum products. The writ Court also quashed the order dated 29.11.2007 (Annexure No. 16 to the writ petition) passed by the appellate authority.

Submission of learned counsel for the applicant is that copy of the order of writ Court was sent on 01.04.2014 through registered post to both the opposite parties, but till date the supply of petroleum products to the applicant has not been restored. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite parties under the provisions of Contempt of Court Act for willful disobedience of order dated 24.05.2013 of the writ Court.

On due consideration, prima facie, a case of willful disobedience of the order of writ Court is made out.

Let notice be issued to opposite parties to appear before this Court on 12.08.2014 to show cause as to why proceedings be not initiated against them under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 24.05.2013 passed in Writ Petition No. 1229 (M/S) of 2008 (M/s Radhey Shyam Vinod Kumar, Dealer, Hindustan Petroleum Corporation Ltd. Vs. Executive Director, Retail & Appellate Authority, Hindustan Petroleum Corporation Ltd. & others).

It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party need not appear before this Court on the date fixed.

Order Date :- 14.7.2014

Tanveer/-