Citation : 2025 Latest Caselaw 1011 J&K
Judgement Date : 21 February, 2025
Sr. No. 8
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: CCP (D) No. 31/2023
M/S Oakland Bottlers Pvt. Ltd ...Petitioner(s)/Appellant(s)
Through: Mr. Manik Bhardwaj, Advocate
V/s
Vikramjeet Singh and Ors. .... Respondent(s)
Through: Mr. Ravinder Gupta, AAG
CORAM: HON'BLE MR. JUSTICEATUL SREEDHARAN, JUDGE
HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER
21.02.2025
01. Mr. Arun Manhas, Director Industries and Commerce, Jammu is present
through Virtual Mode.
02. Pursuant to the order passed by this court on 21.12.2024, where Mr.
Ravinder Gupta, learned Additional Advocate General appearing on behalf of
respondent Nos. 1 and 2 has prayed for more time to come with the compliance of
the judgment dated 26.04.2022 which is the principal judgment under compliance
passed in LPAOW No. 45/2013. This Court by way of a last opportunity, which
was made categorical, unambiguous and unequivocal granted six weeks' time to
the contemnors to comply with the order dated 26.04.2022, and directed to file a
compliance report. Till date the said order has not been complied with.
03. Upon the insistence of this Court earlier in the morning today Mr. Arun
Manhas, Director Industries and Commerce has appeared through virtual mode
whereas respondent No.1 has not appeared through virtual mode today.
Respondent No. 2 informs the Court that they have commenced the process of
complying with the order dated 21.12.2024, since yesterday much after the period
of six weeks have expired. Specific questions put to Mr. Arun Manhas, Director,
Industries and Commerce, with regard to when did he start complying or what
were the steps he had taken since 21.12.2024 to comply with the said order, have
drawn a blank. He says he does not have the documents to refer to give his
explanation to this Court with regard to the steps taken by his office to comply
with the said order.
04. This Court is absolutely shocked at the stand taken by his office. He has
appeared before this Court unprepared, unable to give any answer to the questions
posed by this Court.
05. Under the circumstances, this court feels absolutely essential that respondent
Nos.1 and 2 shall file their affidavit in their personal capacity with regard to the
steps that they have taken since 21.12.2024 to comply with the said order passed
by this Court and also attach such documents to prove their claims with regard to
the diligence shown by them. Failing which this Court shall be compelled to take
coercive action against both respondent Nos. 1 and 2. The opportunity is being
given to the respondent Nos.1 and 2 as it is imperative that they have an
opportunity to defend themselves under the Contempt of Courts Act before this
court takes any precipitate action against them.
06. List this case on top of the list on 24.02.2025.
07. Learned counsel for the respondent No. 3 submits that he has complied with
his part of the directions given. Copy of the compliance report has been handed
over to the petitioner in Court. If he has anything to say he will say so on the next
date of hearing.
(RAJESH SEKHRI) (ATUL SREEDHARAN)
JUDGE JUDGE
Jammu
21.02.2025
AKHILESH
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