CLCON/766/2018
2023 Latest Caselaw 707 UK

Citation : 2023 Latest Caselaw 707 UK
Judgement Date : 20 March, 2023

Uttarakhand High Court

CLCON/766/2018 on 20 March, 2023

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                       COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 CLCON No. 766 of 2018
                                 Hon'ble Manoj Kumar Tiwari, J.

Dr. S.S. Ajmani, learned counsel for the petitioner.

None present for the opposite parties. Petitioner has alleged violation of order dated 25.07.2018 passed in WPMS No. 2356 of 2016. For ready reference, order dated 25.07.2018 is reproduced below:-

"A demand draft amounting to Rs. 2,00,000/- is handed over to Mr. Sanpreet Singh Ajmani, Advocate for respondent no. 1 in compliance of order dated 27.09.2017 passed by this Court. The petitioners, who are present in person have made a statement at Bar that they are tendering unconditional apology and prayed the same be accepted and they undertake that they will not create any hindrance in the peaceful possession of the respondent no. 1. The unconditional apology tendered by the petitioners in accepted by this Court. Accordingly, the CLMA No. 996/2018 as well as CLMA No. 9847 of 2018 stand disposed of."

From perusal of the record, it is revealed that civil litigation is pending between petitioners and respondents. Opposite party nos. 1 to 5 had filed petition under Article 227 of the Constitution of India, which was registered as WPMS No. 2356 of 2016, which was dismissed vide judgment dated 20.09.2017.

In what manner, disobedience of the order dated 25.07.2018 has been made by opposite parties is not clear.

Since, the dispute is civil in nature; therefore, having regard to peculiar facts and circumstances of the case, this Court is of the considered opinion that this is not a case of wilful disobedience of any order of this Court.

Accordingly, contempt petition is closed. Notices issued to the opposite parties are hereby discharged.

(Manoj Kumar Tiwari, J.) 20.03.2023 Aswal