T.P. Nautiyal vs Sri Suhas Lalinakere Yathiraj
2022 Latest Caselaw 11293 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4865 of 2022
 

 
Applicant :- T.P. Nautiyal
 
Opposite Party :- Sri Suhas Lalinakere Yathiraj
 
Counsel for Applicant :- Ramesh Kumar Shukla
 
Hon'ble Rohit Ranjan Agarwal,J. 

1. The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 29.11.2021 passed by this Court in Writ -C No.19608 of 2021.

2. It is contended that applicant had filed aforesaid writ, which was disposed of vide order dated 29.11.2021 directing the opposite party to make all endeavour to execute the recovery certificate dated 29.01.2021 within a month from the date of service of order. Copy of the said order was served to the opposite party through registered post on 09.12.2021, but the said direction has not been complied with by the opposite party till date.

3. Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition.

4. However, no notice is issued to the opposite party at this stage. The opposite party is granted three months' further time to comply with the order dated 29.11.2021 passed by this Court in Writ-C No. 19608 of 2021 from the date of production of a certified copy of this order.

5. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.

6. The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self-addressed envelop within a week thereafter.

7. In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.

8. With the aforesaid observations, this application is finally disposed of at this stage.

Order Date :- 25.8.2022

Kushal