Citation : 2021 Latest Caselaw 2976 ALL
Judgement Date : 23 February, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1012 of 2021 Applicant :- Ankit Sharma Opposite Party :- Sri K. Bala Ji D.M Counsel for Applicant :- Ashwini Kumar Srivastava Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicant.
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 20.10.2020 passed by this Court in Writ Petition No. 16689 of 2020, wherein this Court has observed as under :-
"This petition, therefore, stands disposed of with the direction upon the 2nd respondent to forthwith examine petitioner's claim and to pass necessary orders in accordance with law within a period of two months from the date of presentation of a copy of this order. "
Learned counsel for the applicant- petitioner submits that a copy of the order was served on 29.10.2020 and thereafter a reminder was sent on 19.1.2021. Annexure no.3 to the petition nowhere indicates receiving or service of the representation along with a copy of the order of this Court allegedly filed by the applicant. The reminder is dated 19.1.2021, which was sent by the registered post. Clearly even two months time has not expired from the date of registered post.
In such view of the matter, at present I do not find that any case is made out to issue notices or proceed with this contempt application.
Learned counsel for the applicant submitted that he may be permitted to withdraw the present contempt application at this stage with liberty to file fresh, if the need so arises.
Prayer aforesaid is allowed.
Accordingly, present contempt application stands dismissed with liberty aforesaid.
Order Date :- 23.2.2021
Aditya
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