M/S Apex And Co Wine Shop vs Arun Kumar Mehta And Ors
2021 Latest Caselaw 357 j&K

                                                                    Sr. No.332

              HIGH COURT OF JAMMU AND KASHMIR
                         AT JAMMU



                                                 CCP(S) 262/2020
                                                 CM 5210/2020

M/S Apex and Co Wine Shop                                      ..... Petitioner (s)

                               Through :- None

                         V/s

Arun Kumar Mehta and ors                                      .....Respondent(s)

                               Through :- Mr. K.D.S.Kotwal Dy.AG

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE


                                   ORDER

1 This is a petition seeking initiation of contempt proceedings against the

respondents for willful disobedience and non-compliance of judgment dated

25.09.2020 passed in clubbed matters, lead case being WP (C) No. 1197/2020,

operative portion whereof reads as under:

"Regard being had to the aforesaid facts and in view of the preceding analysis, these petitions succeed and are allowed, as a sequel to which the impugned show cause notices bearing Nos. Notice/DECEJ/Exc/610-11, Notice/DECEJ/Exc/594-95 and Notice/DECEJ/Exc/598-99 are quashed. The respondents are directed to forebear from causing any interference to the petitioners in conduct of their businesses under and in terms of their respective licenses held by them validly as on date, unless there is any other legal impediment thereto".

2 In response to the notice issued by this Court, the respondents have filed

the compliance report and have stated that, in terms of judgment dated

25.09.2020, this Court had quashed the show cause notices issued to the

petitioners and, therefore, no penal action has been taken against them. It is

further submitted that the transport permits stand issued to the petitioners and

they have been permitted to conduct their business on the basis of transport

permits so issued. Learned counsel appearing for the respondents, therefore,

submits that the judgment passed by this Court stands complied with and, thus,

there is no reason or occasion for initiating contempt proceedings against the

respondents.

3 Having gone through the judgment passed by this Court and having

considered the matter in the light of compliance report filed by the respondents,

I am of the view that no case for initiating contempt proceedings against the

respondents is made out for the reason that the respondents have not acted

upon the show cause notices which have been quashed by this Court and have

further issued requisite transport permits to the petitioners, on the basis of

which, the petitioners have been conducting their business.

Accordingly, the contempt proceedings are closed.

(SANJEEV KUMAR) JUDGE Jammu 23.03.2021 Sanjeev

Whether the order is speaking: Yes

Whether the order is reportable: Yes/No