Darpan A Jain vs Sri Gopala B
2022 Latest Caselaw 2330 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
   DATED THIS THE 14TH DAY OF FEBRUARY, 2022
                      PRESENT
      THE HON'BLE MR. JUSTICE B. VEERAPPA
                       AND
       THE HON'BLE Mrs. JUSTICE M.G. UMA
           C.C.C. No.886/2021 (CIVIL)
BETWEEN:

1. DARPAN A JAIN
W/O AMIT R JAIN
AGED 44 YEARS
2. R CHANCHAL
W/O RIKABCHAND JAIN
AGED ABOUT 72 YEARS
BOTH RESIDING AT NO.401
PANCHASHEEL APARTMENTS
3RD FLOOR, 3RD CROSS GANDHINAGAR
BANGALORE - 560 009.
3. SMT. ANITA P RANKA
W/O PRAVEEN RANKA
AGED ABOUT 51 YEARS
RESIDING AT NO.1103/1104
11TH FLOOR, RAJ MANNOR
'B' WING, OPPOSITE NAVY COLONY
LIBERTY GARDEN, MALAD WEST
MUMBAI.
COMPLAINANT No.1 AND 3 REPRESENTED
BY THEIR GENERAL POWER OF ATTORNEY

SRI AMIT R JAIN
S/O RIKABCHAND JAIN
RESIDING AT No.401
                            2




PANCHASHEEL APARTMENTS
3RD FLOOR, 3RD CROSS GANDHINAGAR
BANGALORE - 560 009.
                                      ...COMPLAINANTS
(BY SRI H J KARIGAR, FOR
 SRI D N MANJUNATH, ADVOCATE)
AND:

 SRI GOPALA B
 S/O SRI BUDDAPPA
 AGED ABOUT 57 YEARS
 RESIDING AT BYCHAPURA
 ANNESHWARA POST
 BANGALORE RURAL DISTRICT.
                                            ...ACCUSED
(BY SRI HARSHA G, FOR
 SMT. RADHA R, ADVOCATE)
     THIS CCC IS FILED UNDER SECTION 11 AND 12 OF
THE CONTEMPT OF COURT ACT, BY THE COMPLAINANT,
WHEREIN HE PRAYS THAT THE HON BLE COURT MAY BE
PLEASED TO A) TO PASS AND ORDER BY DIRECTING THE
RESPONDENT/JUDGMENT DEBTOR TO COMPLY WITH THE
ORDER PASSED BY THIS HON'BLE COURT IN WP
NO.52146/2019 DATED 16.02.2021 AS PER ANNEXURE-A
SO AS TO PAY THE BALANCE DECREETAL AMOUNT OF
RS.39,28,000/- TOGETHER WITH COST OF RS.1,00,000/-
TO THE COMPLAINANT/DECREE HOLDER AND ETC.

     THIS CCC COMING ON FOR ORDERS THIS DAY,
B.VEERAPPA J., MADE THE FOLLOWING:

                       ORDER

The present contempt petition is filed under the

provisions of Sections 11 and 12 of the Contempt of

Courts Act, 1971 praying to take action against the

accused for willful disobedience of the order dated

16.02.2021 made in Writ Petition No.52146/2019,

wherein the learned Single Judge of this Court while

dismissing a writ petition had imposed a cost of

Rs.1,00,000/- to the respondent. Hence, the present

contempt petition was instituted by the complainants.

2. Today, Sri. Harsha G, learned counsel

appearing on behalf of Smt. Radha R, for accused

submits that the accused has paid the cost of

Rs.1,00,000/- to the learned counsel for

complainants. Learned counsel for the complainants

has filed a memo dated 14.02.2022 on behalf of the

complainants acknowledging the receipt of

Rs.1,00,000/-.

3. The memo is taken on record.

4. In view of the above, we pass the following:

ORDER

The contempt proceedings are hereby dropped.

Sd/-

JUDGE

Sd/-

JUDGE

SSD