Citation : 2025 Latest Caselaw 6780 Tel
Judgement Date : 26 November, 2025
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO
CONTEMPT APPEAL No.6 of 2025
JUDGMENT:
(per Hon'ble Sri Justice P.Sam Koshy)
Heard Mr.Ch.Ganesh, learned counsel for the appellant and
perused the record.
2. In the instant case, the appeal has been preferred against the
order passed by learned Single Judge in C.C.No.2447 of 2018,
dated 27.11.2024. Vide the said impugned order, learned Single
Judge has imposed costs of Rs.5,000/- to be paid to the Chief
Minister's Relief Fund within a period of four weeks from the date
of receipt of a copy of order.
3. During the course of hearing of the appeal, we find that the
averments made in the appeal were just in contravention of the
findings those are reflected in the contempt case.
4. When we are inclined to dismiss the appeal, learned counsel
appearing for the applicant submits that the appellant is repenting
for the error that he has committed and he intends to tender
unconditional apology in creating such a situation before the
learned Single Bench, which was totally unwarranted. On the
previous date of hearing, this Bench had directed the appellant to
ensure that unconditional apology is tendered in the form of
affidavit. The appellant accordingly has tendered the affidavit
dated 21.11.2025, wherein, he has tendered unconditional apology
for his act and behavior, which resulted in passing of the impugned
order. Though we find that the finding arrived by the Contempt
Court be neither erroneous nor it can be said to be in excess
consideration of the factual matrix, which are brought in the order
under challenge before this Court. Nonetheless, now that the
appellant having realized his mistake and has tendered
unconditional apology, we intend to ensure that the magnanimity
of the institution and character has to be get its highest pedestal and
therefore, accepting the unconditional apology tendered by the
appellant, we modify the order of the learned Single Bench only to
the extent of waiving of the costs of Rs.5,000/- imposed by the
learned Single Judge.
5. The instant appeal therefore stands allowed only so far as the
extent of costs imposed by the learned Single Judge is concerned.
Rest of the impugned order passed by the learned Single Judge
shall remain intact.
6. The Appeal stands disposed of having partly allowed. No
costs.
Consequently, miscellaneous petitions pending, if any, shall
stand closed.
__________________ P.SAM KOSHY, J
_______________________________ SUDDALA CHALAPATHI RAO, J 26.11.2025 Nvl
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