Azure Power India Private Limited vs Sri. Bharati D
2022 Latest Caselaw 11581 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 5TH DAY OF SEPTEMBER 2022

                     PRESENT

           THE HON'BLE MR. ALOK ARADHE
               ACTING CHIEF JUSTICE

                       AND

  THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

              C.C.C. NO.328 OF 2022

BETWEEN:

AZURE POWER INDIA PRIVATE LIMITED
A COMPANY WITHIN THE MEANING OF
THE COMPANIES ACT 2013
HAVING ITS REGISTERED OFFICE AT
SOUTHERN PARK, 5TH FLOOR, D-II
SAKET PLACE, SAKET, NEW DELHI
DELI 110 017
REP. BY ITS CONSTITUTED ATTORNEY
MR. PRADEEP CHINIYA.

AZURE POWER (EARTH) PRIVATE LIMITED
A COMPANY WITHIN THE MEANING OF
THE COMPANIES ACT 2013
HAVING ITS REGISTERED OFFICE AT
SOUTHERN PARK, 5TH FLOOR, D-II
SAKET PLACE, SAKET, NEW DELHI
DELI 110 017
REP. BY ITS CONSTITUTED ATTORNEY
MR. PRADEEP CHINIYA.
                                      ... COMPLAINANT

(BY MS./MRS. PRIYA DHANKHAR A/W
         MR. ARCHISHMAN CHAUDHARY, ADV.,)
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AND:

1.   SRI. BHARATI .D
     MANAGING DIRECTOR
     HUBLI ELECTRICITY SUPPLY CO. LTD.
     P B ROAD, NAVANAGAR
     HUBBALLI , KARNATAKA 580 025.

2.   GOVERNMENT OF KARNATAKA
     BY CHIEF SECRETARY
     VIKASA SOUDHA
     DR. B.R. AMBEDKAR VEEDHI
     BENGLAURU - 560001.

                                         ... ACCUSED
(BY MS. STIPHANIA, ADV., FOR
    MR. SHAHBAAZ HUSAIN, ADV., FOR A1
  MRS. NAMITHA MAHESH B.G. AGA FOR A2)

                          ---

     THIS CCC IS FILED UNDER SECTION 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971 AND RULE 3 OF THE
HIGH COURT OF KARNATAKA (CONTEMPT OF COURT
PROCEEDINGS) RULES, 1981, PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND
DECLARE THAT THE ACCUSED IS GUILTY OF THE
CONTEMPT BY WILLFULLY AND DELIBERATELY VIOLATING
THE JUDGMENT DATED 02.12.2021 IN WP NO.5368/2020
AND CONNECTED MATTERS (ANNEXURE-A). PUNISH THE
ACCUSED FOR COMMITTING CONTEMPT OF THIS HON BLE
COURT BY WILLFULLY AND DELIBERATELY VIOLATING THE
JUDGEMENT DATED 02.12.2021 IN WP NO.5368/2020 AND
CONNECTED MATTERS (ANNEXURE-A) & ETC.

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

Smt.Priya Dhankar, learned counsel for the

complainant.

Miss Stephania, learned counsel for the

respondent No.1.

Smt.Namitha Mahesh B.G., learned Additional

Government Advocate for the respondent No.2.

This petition has been filed for non-compliance

of the directions contained in the order dated

02.12.2021 passed by the learned Single Judge in

W.P.No.5638/2020.

2. Learned counsel for the parties jointly submit

that the directions contained in the aforesaid order

have been complied with.

3. In view of the aforesaid submission, we are

not inclined to proceed further with the contempt

petition. However, liberty is reserved to the

complainant to take recourse to such remedy as may

be available to it in law in case grievance of the

complainant still subsists.

Accordingly, the contempt petition is disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

RV