Karnataka High Court
Sri C Nagaraju vs Sri Selvakumar on 13 January, 2022
Bench: B.Veerappa, M G Uma
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON'BLE Mrs. JUSTICE M.G. UMA
C.C.C.No.709/2013 (CIVIL)
BETWEEN:
SRI. C. NAGARAJU S/O LATE CHOWDAIAH,
AGED ABOUT 63 YEARS,
(FORMERLY WORKING AS
JUNIOR ENGINEER(ELEC.)-KPTCL,
NOW RETIRED FROM SERVICE ON 31.5.2008,
RESIDING AT DOOR NO.245,
2ND CROSS, SUBHASH NAGAR,
MYSORE - 570 007
...COMPLAINANT
(BY SRI. K. SUBBA RAO, SENIOR COUNSEL FOR
SRI. SATHEESH K.N., ADVOCATE)
AND:
1 . SRI SELVAKUMAR, MANAGING DIRECTOR,
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
(A GOVT. OF KARNATAKA UNDERTAKING)
CAUVERY BHAVAN, BANGALORE - 560 009
2 . SRI MUDDU MOHAN, GENERAL MANAGER,
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
(A GOVT. OF KARNATAKA UNDERTAKING)
CAUVERY BHAVAN, BANGALORE - 560 009
2
3 . SMT. B. BHAGYA NAYAK
THE MANAGING DIRECTOR,
CHAMUNDESHWARI ELECTRIC SUPPLY
COMPANY LIMITED, (A GOVT. OF
KARNATAKA UNDERTAKING)
NEAR APOLLO HOSPITAL,
KUVEMPU NAGAR, MYSORE - 570 023
...ACCUSED
(BY SRI.S.S. RAMADAS, SENIOR COUNSEL FOR
SRI. ABHILASH RAJU, ADVOCATE FOR A1 TO A3)
THIS CCC IS FILED U/S 11 & 12 OF THE CONTEMPT OF COURTS
ACT, PRAYING TO ISSUE NOTICE TO THE ACCUSED FOR DISOBEYING
THE ORDER DATED 08.09.2011 PASSED BY THE HON'BLE HIGH COURT IN
W.P.NO.9898/2009 AND 13.08.2012 IN W.A.NO.17495/2011.
THIS CCC COMING ON FOR ORDERS THIS DAY, THROUGH
VIDEO CONFEREN CE B.VEERAPPA J., MADE THE FOLLOWING:
ORDER
The complainant has filed the present civil contempt petition
to take action against the accused persons under the provisions of
Sections 11 and 12 of the Contempt of Courts Act, 1971 for willful
disobedience of the order dated 08.09.2011 made in
W.P.No.9898/2009 and order dated 13.08.2012 made in
W.A.No.17495/2011.
2. Heard Sri. K.Subba Rao, learned Senior Counsel for
Sri. Satheesh.K.N., learned counsel for the complainant and
Sri. S.S.Ramadas, learned Senior Counsel for Sri. Abhilash Raju,
learned counsel for accused Nos.1 to 3.
3. Sri. S.S.Ramadas, learned Senior Counsel submits that
in view of the memo dated 14.10.2019 filed by accused Nos.1
and 2 along with the order passed by the Hon'ble Apex Court in
Civil Appeal No.7279/2019 vide order dated 16.09.2019, the Civil
Appeal filed by the Karnataka Power Transmission Corporation
Limited., was came to be allowed consequently setting aside the
judgment of the learned Single Judge in W.P.No.9898/2009 dated
08.09.2011 and judgment of the learned Division Bench in
W.A.No.17495/2011 dated 13.08.2012. Accordingly, the order
dated 23.03.2007 passed by the Management against the
complainant has been upheld. Thus, the contempt petition is liable
to be dismissed.
4. The memo dated 14.10.2019 along with the order dated
16.09.2019 passed by the Hon'ble Supreme Court is placed on
record.
5. Sri. K.Subba Rao, learned Senior Counsel has not
disputed the fact of setting aside the order passed by the learned
Single Judge of this Court and order passed by the Hon'ble
Supreme Court in SLP (Civil) 25909/2013 dated 21.10.2013 in
respect of very parties to the lis.
6. In view of the above, we pass the following:
ORDER
Civil Contempt proceedings are hereby dropped.
Sd/-
JUDGE
Sd/-
JUDGE
SMJ
