Mr Kripalani M vs Mr S Nasser Khan
2022 Latest Caselaw 9074 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 17TH DAY OF JUNE, 2022

                        PRESENT

 THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                           AND

        THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

                CCC NO.219/2022 (CIVIL)

BETWEEN:

MR.KRIPALNI.M
AGED ABOUT 47 YEARS
PROPRIETOR, M/S. NEXT GEN TECHNOLOGIES
NO.863, GROUND FLOOR, 7TH MAIN
3RD CROSS, HAL 2ND STAGE
INDIRANAGARA, BANGALORE - 560 008
                                          ... COMPLAINANT

(BY SRI AISHWARYA.S, ADVOCATE)

AND:

1.     MR.S.NASSER KHAN
       AGED ABOUT 57 YEARS
       ADDITIONAL COMMISSIONER OF CUSTOMS
       AIRPORT AND AIR CARGO COMPLEX COMMISSIONERATE
       AIR CARGO COMPLEX,
       KEMPEGOWDA INTERNATIONAL AIRPORT
       DEVANAHALLI, BANGALORE - 560 300

2.     MR.K.C.NAGARAJA NAIK
       AGED ABOUT 55 YEARS
       ADDITIONAL COMMISSIONER OF CUSTOMS
       AIRPORT AND AIR CARGO COMPLEX COMMISSIONERATE
       AI SATS AIR FREIGHT TERMINAL
       NEAR AIRPORT, DEVANAHALLI,
       BANGALORE - 560 300
                                              ... ACCUSED

(BY SRI NEERALGI JEEVANBABU JAGADISH, ADVOCATE)
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     THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA R/W SECTIONS 11 & 12 OF THE
CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE
CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED
PERSON FOR SHOWING SCANT RESPECT AND COMMITTING
WILLFUL DISOBEDIENCE OF THE ORDER DATED 04.02.2020
PASSED IN W.P.NO.2549/2020 AND ORDER DATED 08.10.2021
PASSED IN W.A.NO.221/2020.

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

                           ORDER

This contempt petition arises out of the judgment and

order dated 04.02.2020 passed in W.P.No.2549/2020 (T-RES)

and the judgment and order dated 08.10.2021 passed in

W.A.No.221/2020 (T-RES).

2. Learned counsel for the accused submits that in

compliance of the writ Court's directions, notice has been

issued to the complainant to appear personally, but he has not

appeared personally before the accused and therefore, no

decision could be taken on the representation. He further

submits that in case the complainant appears before the

adjudicating authority, appropriate decision would be taken on

the representation of the complainant, as directed by the writ

Court, within a period of two weeks.

3. Learned counsel for the complainant submits that

the complainant would appear before the adjudicating

authority on a working day.

4. In view of the above, we do not find that there is

willful disobedience or non-compliance of the writ Court's

directions. The accused are in the process of complying the

writ Court's directions. They shall comply the directions

without any further delay.

5. With these observations, the contempt petition is

disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

VM