M G Gopalakrishnan vs Sri. Kamaran Rizwi
2024 Latest Caselaw 26081 Kant

Karnataka High Court

M G Gopalakrishnan vs Sri. Kamaran Rizwi on 4 November, 2024

                                                   -1-
                                                            NC: 2024:KHC:44346-DB
                                                              CCC No. 816 of 2024




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 4TH DAY OF NOVEMBER, 2024

                                               PRESENT

                              THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE

                                                  AND

                                 THE HON'BLE MR. JUSTICE K.V. ARAVIND

                                       CCC NO. 816 OF 2024 (CIVIL)

                       BETWEEN:

                       1.   M.G. GOPALAKRISHNAN
                            S/O LATE T.K. GOPALAN NAIR
                            AGED ABOUT 79 YEARS
                            R/AT MOOSAPILLI HOUSE
                            VALAYANCHIRANGARA POST
                            KUNNATHUNADU
                            ERNAKULAM DISTRICT
                            KERALA STATE - 683 556
Digitally signed by
                                                                 ...COMPLAINANT
VASANTHAKUMARY
BK                     (BY SRI GURURAJA, ADVOCATE FOR
Location: High Court
of Karnataka
                        SRI M NARAYANA BHAT, ADVOCATE)

                       AND:

                       1.   SRI KAMARAN RIZWI
                            SECRETARY TO GOVERNMENT
                            MINISTRY OF HEAVY INDUSTRIES
                            GOVERNMENT OF INDIA
                            UDYOG BHAVAN
                            NEW DELHI - 110 001
                                  -2-
                                            NC: 2024:KHC:44346-DB
                                               CCC No. 816 of 2024




2.   SRI RAVINDRA KUMAR
     CHAIRMAN AND MANAGING DIRECTOR
     HINDUSTAN PAPER CORPORATION LTD.,
     RUBY BUILDING, NO. 75-C
     PARK STREET, P.B. NO. 99308
     KOLKATA - 700 016

                                                       ...ACCUSED
(BY SRI K ARVIND KAMATH, ASGI A/W
 SRI M AJAY PRABHU, CGC)


      THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO ISSUE
SUMMONS       TO    THE    ACCUSED       AND    TRY    THEM     FOR
DISOBEYING THE ORDER DATED 25.07.2023 RENDERED IN
W.P.NO. 31976/2014 PRODUCED AT ANNEXURE-A.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE K. V. ARAVIND

                        ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

The following were the directions passed by learned Single

Judge in respect of which the present contempt petition is filed,

NC: 2024:KHC:44346-DB

"The impugned communication No.HPC/L/04/042 dated 09.12.2013 produced at Annexure-G to the extent it negates payment of interest to the petitioner and the communication No.HPC/L/04/042 dated 30.12.2013 issued by the HPCL produced at Annexure-J are set aside."

2. When the petition came up for consideration today, two

developments were pointed out.

3. Learned Additional Solicitor General of India Mr. K. Arvind

Kamath stated that respondent No.1- the Union of India has filed

review petition in respect of the aforesaid directions in the order. It

was undisputedly stated that the review petition is allowed.

4. In above view, the contempt proceedings will not survive

against respondent No.1.

4.1 Respondent No.2 is Hindustan Paper Corporation Limited,

which is a company already wound up in 2018.

4.2 Thus, the contempt proceedings will not survive against

respondent No.2 also.

NC: 2024:KHC:44346-DB

5. Accordingly, the contempt petition is disposed of as not

surviving.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

BKV