Citation : 2021 Latest Caselaw 3151 Kant
Judgement Date : 16 August, 2021
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16 T H DAY OF AUGUST, 2021
PRESENT
THE HON'BLE MR.JUSTICE B.VEERAPPA
AND
THE HON'BLE MR.JUSTICE M.G.S. KAMAL
CCC No.100082/2021 [CIVIL]
BETWEEN:
M/S DALEEL BROTHERS,
BY ITS PROPRIETOR,
SRI.RAFEEKAHMED
S/O HUSAINSAHEB DALEEL,
AGE: 48 YEARS, OCC: BUSINESS,
R/O: MULAGUND-582117.
TQ/DT: GADA.
... COMPLAINANT
(By Sri.SHRIHARSH A. NEELOPANT, ADV.)
AND:
SHRI.SANDEEP REDDY,
AGE: 41 YEARS,
OCC: CHIEF REGIONAL MANAGER,
HINDUSTAN PETROLEUM CORPORATION LIMITED,
REP.BY ITS CHIEF REGIONAL MANAGER AND
DULY CONSTITUTED ATTORNEY,
REGIONAL OFFICE, HPCL COMPLEX,
SAMBHAJI ROAD, RANI CHANNAMMA NAGAR,
BELGAUM-590001, DIST: BELGAUM.
... ACCUSED
(By Sri.SRIVATSA HEGDE, ADV.)
:2:
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215
OF CONSTITUTION OF INDIA, 1950, PRAYING THIS
HON'BLE COURT TO INITIATE CONTEMPT OF COURT
PROCEEDINGS AGAINST THE ACCUSED FOR
INTENTIONALLY AND DELIBERATELY DISOBEYING THE
ORDER DATED 18.01.2021 PASSED IN MFA
NO.102894/2017 AT ANNEXURE-A PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND
PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS CCC COMING ON FOR ORDERS, THIS DAY,
B.VEERAPPA J., MADE THE FOLLOWING:
ORDER
Sri. Srivatsa Hegde, learned counsel appearing
for the respondent after taking notice to the accused
submits that the appeal is filed against the judgment
and order passed by the learned Single Judge of this
Court dated 18.01.2021 made in
M.F.A.No.102894/2017 allowing the appeal by setting
aside the judgment and directed the respondent-
Corporation to handover the physical possession of
the petrol pump at Mulagund in favour of the
appellant and restore the dealership of petrol pump in
favour of the appellant.
2. It is further stated that the Hon'ble
Supreme Court in SLP No.8322/2021, while issuing
notice, granted the interim order of status-quo and
submits that the Contempt proceedings may be
dropped with liberty to the complainant to revive or
file a fresh contempt petition after disposal of the SLP,
if need arises.
3. The submission is placed on record.
4. In view of the above, the Contempt petition
is disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
KGK
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