Mohan Lal vs Dheeraj Gupta And Others
2023 Latest Caselaw 2309 j&K

                                                               Sr. No. 100


      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU


Case:-    CPSW No. 217/2012

Mohan Lal                                                    .....Petitioner(s)


                     Through: Mr. M. P. Sharma, Advocate

                Vs

Dheeraj Gupta and others                                    .....Respondent(s)


                     Through: Mr. Vishal Bharti, Advocate for R- 1 & 2.
                              Mr. Raman Sharma, Advocate for R-4 with
                              Ms. Saliqa Sheikh, Advocate.

Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                 ORDER

16.10.2023

01. The instant contempt petition though listed in the

supplementary cause list, is taken up for consideration, at the

request of learned counsel for the respondent/contemnors 1, who is

present in person pursuant to the order passed by this Court on

09.10.2023, after the Court had noticed that the judgment dated

17.04.2012 passed by this Court in favour of the petitioner herein

has remained un-implemented insofar as retrospective

regularization of the service of the petitioner is concerned.

02. It is pertinent to note here that the judgement supra stands

even upheld by the Apex Court.

03. Having regard to the facts and circumstances of the case

and the record of proceedings in the instant contempt petition,

though, prima-facie the contempt of the judgment has been

committed by the respondent/contemnor 1, yet the Court is

deferring to draw any contempt proceedings against the

respondent/contemnor 1 having regard to the candid submission

made by the respondent/ contemnor 1 that the judgment to the

above extent is in the process of implementation and the

respondent/contemnor 1 seeks two weeks' time for reporting

compliance of the judgement dated 17.04.2012.

04. In the interest of justice and in view of the statement made

by the respondent/contemnor 1, two weeks' last and final

opportunity is granted to the respondent/contemnor 1 to report

compliance of the judgement supra, failing which appropriate orders

shall follow.

05. List this contempt petition on 06.11.2023 for filing the

compliance report.

06. The personal appearance of respondent/contemnor 1 shall

stand dispensed with for the time being.

(JAVED IQBAL WANI) JUDGE JAMMU 16.10.2023 Muneesh