2023 (5) TMI 177 - HC - Indian Laws

Seeking compliance of order of HC dated 1.12.2022 in the Contempt application filed u/s 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order passed by this Court - HELD THAT - Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition. No notice is issued to the opposite party at this stage. The opposite party is granted three months further time to comply with the order dated 01.12.2022 passed by this Court in Writ Petition 2022 (12) TMI 1404 - ALLAHABAD HIGH COURT from the date of production of a certified copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self-addressed envelope within a week thereafter.

Summary

Issues involved: Contempt of Court for willful disobedience of judgment and order

Contempt Application under Section 12 of the Contempt of Courts Act
The present judgment deals with a contempt application filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 01.12.2022 passed by the Court in Writ Petition No. 16848 of 2022.

Alleged Willful Disobedience of Court Order
The applicant alleged that the opposite party failed to comply with the order of the writ Court dated 01.12.2022, despite being served a copy of the order through registered post on 23.12.2022. It was contended that the opposite party willfully disobeyed the said order.

Decision and Directions of the Court
The Court found a prima facie case for punishing the opposite party for willful disobedience of the judgment and order in the writ petition. However, no notice was issued at that stage. The opposite party was granted three months to comply with the order from the date of production of a certified copy of the order. The applicant was directed to provide a stamped registered envelope addressed to the opposite party and a self-addressed envelope to the office within two weeks. The office was instructed to send a copy of the order and the contempt application to the opposite party within one week and keep a record. The opposite party was required to comply with the directions of the writ court and inform the applicant of the same within a week. If the opposite party failed to comply, the applicant was given the option to approach the Court again. The application was finally disposed of at that stage with these observations.