Manipur High Court
S. Uphei vs V. Vumlunmang & 5 Ors on 10 July, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
KHOIROM Digitally
KHOIROM
signed by
BIPINCHAN BIPINCHANDRA
IN THE HIGH COURT OF MANIPUR
SINGH
Date: 2025.07.11
DRA SINGH 17:58:02 +05'30'
AT IMPHAL
CONT.CAS(C) No. 14 of 2021
S. Uphei
... Petitioner
- Versus -
V. Vumlunmang & 5 Ors.
... Respondents
Clubbed with
MC[CONT. CAS(C)] No. 6 of 2024 with
MC[CONT. CAS(C)] No. 69 of 2021 with
MC(REVIEW PET.) No. 15 of 2024
B E F O R E
HON'BLE THE CHIEF JUSTICE MR. K. SOMASHEKAR
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
[K. Somashekar, CJ]
10.07.2025
[1] This contempt proceeding has been initiated by the
complainant/petitioner under the provision of Section 2(b) of the Contempt
of Court's Act, 1971 read with Rule 3 of the Contempt of Courts (High Court
of Manipur) Rules, 2019 for non-compliance of the order dated 03.04.2019
rendered by the co-ordinate Bench in PIL No. 27 of 2018.
[2] Learned counsel for the petitioner, Mr. M. Rakesh is present
before this Court physically and similarly, learned counsel for the
respondents, Mr. L. Raju, Mr. S. Suresh and Mr. H. Kenajit are also present
before this Court physically.
[3] Whereas, the contempt proceeding i.e. CONT. CAS(C) No.
14 of 2021 has been filed seeking for implementation of the order dated
03.04.2019 under the provision of Section 2(b) of the Contempt of Court's
Act, 1971 which reads as thus -
Page 1|3
"civil contempt" means willful disobedience to any judgment,
decree, direction, order, writ or other process of a court or
willful breach of an undertaking given to a court."
[4] Whereas, the present contempt proceeding is connected
with the proceedings in MC[CONT. CAS(C)] No. 6 of 2024 and
MC[CONT.CAS(C)] No. 69 of 2021 which have been filed seeking for closing
of the present contempt proceeding and the connected proceeding in
MC(REVIEW PET.) No. 15 of 2024 has been filed for condonation of delay
of 1933 days in filing the petition No. 1719 of 2024.
[5] The proceeding in MC(REVIEW PET.) No. 15 of 2024 is
connected with the present contempt proceeding in CONT. CAS(C) No. 14
of 2021 which has been filed for implementation of the order dated
03.04.2019 and also taken a contention that there shall be willful
disobedience of the order.
[6] However, keeping in view of the initiation of the contempt
proceeding by the complainant/petitioner against the respondents and
wherein Section 20 of the Contempt of Court's Act, 1971 reveals as -
"20. Limitation for actions for contempt. - No court shall
initiate any proceedings of contempt, either on its own
motion or otherwise, after the expiry of a period of one year
from the date on which the contempt is alleged to have been
committed."
[7] Initiation of any contempt proceeding is barred after expiry
of period of one year from the date on which the contempt is alleged to
have been committed. But the issue has been addressed in the judgment
of V.M. Kanade vs. Madhav Gadkary [1991 Maharashtra Law Reports 544
(Bombay)] and another judgment rendered by the Hon'ble Supreme Court
in Golchha Advertising Agency vs. State of Maharashtra [1990(2) BOM
CR 262].
Page 2|3
[8] No intervening given or orders stop in their running pretends
specified in the Section. These issues have been addressed by the Hon'ble
Supreme Court of India; otherwise, keeping in view of the provision of
Section 20 of the Contempt of Court's Act, 1971 is concerned, this contempt
proceeding does not survive for consideration.
[9] In the meanwhile, keeping in view the submission made by
the learned counsel for the complainant/petitioner inclusive of the learned
counsel for the respondents, the order rendered by the co-ordinate Bench
in PIL No. 27 of 2018 dated 03.04.2021 has been complied with and
therefore, the present contempt petition does not survive for consideration
for preventive measures under the provision of Section 2(b) of the
Contempt of Court's Act, 1971.
[10] In view of the aforesaid reasons and findings, we are of the
opinion that the present contempt proceeding does not survive for
consideration and accordingly, the contempt proceeding is hereby closed.
[11] Consequent upon the disposal of the contempt proceeding,
the connected proceedings in MC[CONT. CAS(C)] No. 6 of 2024, MC[CONT.
CAS(C)] No. 69 of 2021 and MC(REVIEW PET.) No. 15 of 2024 are also
hereby disposed of.
JUDGE CHIEF JUSTICE
Bipin
Page 3|3
