Seoni Sabji Vyapari Sangh vs Vinod Baig
2022 Latest Caselaw 5546 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                  BEFORE
                    HON'BLE SHRI JUSTICE VISHAL DHAGAT
                           ON THE 18th OF APRIL, 2022

              CONTEMPT PETITION CIVIL No. 552 of 2022

        Between:-
        SEONI SABJI VYAPARI SANGH THROUGH ITS
        PRESIDENT DAULATRAM SEVLANI S/O SHRI
        VARANDMAL      SEVLANI     AGE  55   YEAR
        DESIGNATION PRESIDENT SEONI SABJI VYAPARI
        SANGH (REG NO. 1762) R/O MAHARANI LAXMI BAI
        WARD SEONI DISTRICT SEONI M.P. (MADHYA
        PRADESH)

                                                                  .....PETITIONER
        (BY SHRI RAVINDRA NATH TRIPATHI, ADVOCATE)

        AND

        VINOD BAIG S/O NOT KNOWN OCCUPATION:
        SECRETARY KRISHI UPAJ MANDI SAMITI SEONI
        R/O KRISHI UPAJ MANDI SAMITI SEONI DISTRICT
        SEONI M.P. (MADHYA PRADESH)

                                                               .....RESPONDENTS
        (BY SHRI SIDHARTH SHARMA, ADVOCATE)

      This petition has come up for hearing on this day and the court passed the
following:
                                     ORDER

Petitioner has filed this contempt petition for disobedience of order dated 14.12.2021 passed in W.P No.15512/2019 and connected matters.

It is submitted by learned counsel for petitioner that this Court has passed an order directing respondents not to stop petitioners from carrying out business till auction proceedings are concluded. It is submitted that before finalization of auction proceedings and issuance of allotment order, respondent had issued a notice to petitioner to vacate the space within period of seven days. Said notice amounts to stopping the business of petitioner, therefore, contempt proceedings be initiated against respondent and he may be punished for contempt.

Respondent submitted unconditional apology before this Court. It is submitted that there was error on his part in interpreting the order. Error of decision making on his part is not voluntary and, therefore, he has not disobeyed the order passed by this Court voluntarily. There was error of judgment on his

part. He again submitted unconditional apology. However, involuntarily he has committed contempt of order passed by this Court.

Considering the facts and circumstances of the case, apology tendered by respondent-contemner is accepted. Contempt proceedings against respondent is

dropped and he is warned not to take any action against petitioner and comply with the order passed by this Court on 14.12.2021.

Contempt Petition is accordingly disposed off in aforesaid terms.

(VISHAL DHAGAT) JUDGE mms

Digitally signed by MONSI M SIMON Date: 2022.04.19 14:11:24 +05'30'