Sri Thagadaiah vs Smt.Manjula
2021 Latest Caselaw 1156 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 18TH DAY OF JANUARY, 2021

                      PRESENT

   THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                         AND

THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

              C.C.C NO.39 OF 2021 (CIVIL)

BETWEEN:
SRI THAGADAIAH
S/O LATE THAGADE GOWDA
AGED ABOUT 69 YEARS
RETIRED SENIOR MECHANIC
O/O THE ASSISTANT EXECUTIVE
ENGINEER (ELEC)
BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED
S-10 SUB DIVISION, J.P.NAGAR
BANGALORE-560 078
R/AT NO.58, WEAVERS COLONY
11TH CROSS, GOTTIGERE
BANNERGHATTA ROAD
BANGALORE-560 076
                                       ... COMPLAINANT
(BY SHRI DEVARAJ N., ADVOCATE)

AND:
SMT. MANJULA
CHAIRMAN / MANAGING DIRECTOR,
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
CORPORATE OFFICE
CAUVERY BHAVAN,
BANGALORE-560 009.
                                            ... ACCUSED
                          ---
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      THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURT ACT PRAYING TO INITIATE SEVERE
CONTMEPT PROCEEDINGS AGAINST THE ACCUSED FOR
HAVING DELIBERATELY, INTENTIONALLY AND WILLFULLY
DISBOEYED TO CARRY OUT THE DIRECTIONS CONTAINED IN
THE    COURT    ORDER DATED 19.02.2020 MADE           IN
W.P.NO.34371/2014 (S-RES) MARKED AT ANNEXURE-Q AND
GIVING FURTHER DIRECTION TO THE ACCUSED TO PAY
22.50% OF THE BASIC PENSION/ FAMILY PENSION TO THE
COMPLAINANTS IN TERMS OF CLAUSE VIII(B) OF THE
AGREEMENT/ORDER        DATED   09.09.2011 MARKED     AT
ANNEXURE-C AND FURTHER DIRECT THE ACCUSED TO RE-
FIX THE PENSION/FAMILY PENSION, ETC. AFTER ADDING
ENTIRE 22.50% TO THE BASIC PENSION/FAMILY PENSION
ALONG WITH 18% INTEREST PER ANNAM TILL THE DATE OF
SETTLEMENT OF BENEFITS IN TERMS OF THE JUDGMENT
DATED 18.11.2012 MADE BY THE DIVISION BENCH OF THIS
COURT IN W.A.No.15351-15352/2011 AND EXTEND THE
BENEFIT OF THE SETTLEMENT DATED 09.09.2011 AT
ANNEXURE-C, SUBJECT TO OUTCOME OF THE SLPS NOW
PENDING IN THE HON'BLE APEX COURT.

     THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:


                            ORDER

The learned counsel appearing for the complainant has

tendered a memo seeking permission to withdraw the contempt

petition in view of the undertaking taken by the complainant in

the pending writ appeal.

2. In view of the memo filed on record, the petition is

disposed of as withdrawn.

3. Needless to add that if the impugned order of which

breach is alleged is affirmed in the writ appeal, it will be always

open for the complainant to file a fresh contempt petition.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB