CLCON/732/2018
2021 Latest Caselaw 1876 UK

 CLCON No. 732 of 2018
Hon'ble Ravindra Maithani, J.

Mr. Anil Anthwal, Advocate for the contempt petitioner.

Mr. J.C. Pandey, Brief Holder for the State/ Opposite Parties.

This matter is heard through video conferencing.

This is contempt proceeding. Initially, a notice was issued to the contemnor. He had filed an affidavit dated 15.11.2018. In para 6 of the affidavit it is written that compliance of the order has been made subject to decision of a special appeal, although appeal number is not written in para 6 of this affidavit. There is mention of a special appeal in para 3 of this affidavit also. But, the affidavit does not reveal as to what compliance was made by the contemnor.

Merely filing of special appeal does not erase the order or make the impugned order non- existent. If any provision of the Act is not taken note of in any impugned order, can a person, whom directions are issued, ignore such an order of the Court? In other words, even if the judgment is per in curium can a party ignore it on his own? These and many more questions require little deliberation.

Learned counsel for the contemnor today seeks time. Perhaps the contemnor would be in a better position to explain all these things. After all, he is a responsible officer of the State.

List this matter on 17.06.2021. On that date the contemnor shall remain personally present before this Court.

(Ravindra Maithani,J.) 15.06.2021 Jitendra