Syed Yasin Quereshi vs Jaripete Ramesh
2021 Latest Caselaw 1209 Tel

Item No.18

        THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                  AND
        THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                   CONTEMPT APPEAL No.4 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    On the last date of hearing i.e., 01.04.2021, this court had perused

the averments made in the present appeal, which is directed against an

order dated 20.01.2021 passed by the learned Single Judge in

C.C.No.837 of 2020 holding the appellant guilty of contempt of court in

view of disobedience of the order dated 24.08.2020 passed in

W.P.No.13580 of 2020.

2.    Noting that there was no explanation offered in the appeal for the

delay on the part of the appellant in acting on the representation

dated 27.08.2020 made by the respondent up to 27.11.2020, this court

has expressed its reservations on entertaining the appeal. Another aspect

that was highlighted in the previous order was that the appellant had

unilaterally imposed additional conditions on the respondent for release

of the vehicle in question that did not have the sanction of the court. As

learned Additional Advocate General had stated that he be given an

opportunity to file an additional affidavit to explain the aforesaid

aspects, the matter was adjourned for today.

3. An Additional affidavit has been filed by the appellant. It is

conceded in the affidavit that no steps were taken by the appellant

between 28.08.2020 to 27.11.2020 to comply with the directions issued

by the court on 24.08.2020. The appellant further tenders an unqualified

apology for noncompliance of the order passed by the learned Single

Judge and assures the court that he shall be more cautious in future.

4. Though the name of learned counsel for the respondent has been

reflected in the cause list, none is present on behalf of the respondent.

Same was the position on the last date of hearing.

5. Learned Additional Advocate General states that he has served an

advance copy of the additional affidavit on learned counsel for the

respondent and intimated him about today's date of hearing.

6. The explanation offered in the additional affidavit and the

unqualified apology tendered by the appellant is accepted. The fine

imposed on the appellant in the impugned order dated 20.01.2021 in

C.C.No.837 of 2020 is waived, subject to the condition that it being the

month of Ramzan, he feeds at least twenty (20) people, who he finds

have gathered outside any mosque in his neighbourhood to break the fast

during the Iftar period, on a daily basis for a period of one week. The

appellant shall file an affidavit of compliance within one week

thereafter. In the event the said affidavit is not filed, the Registry shall

place the matter back before this court for appropriate orders.

7. The present appeal is, accordingly, disposed of along with the

pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 16.04.2021 Lur