Vijay Kumar Singh v. S.N.Agarwal,Exe.Dir.,M.S.Ex.As

Patna High Court MJC No.42 of 1992 (20) dt.19-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.42 of 1992 ====================================================== Vijay Kumar Singh .... .... Petitioner

Versus

S.N.Agarwal, Executive Director, Magadh Stock Exchange Association and others.

.... ...Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 19-05-2015 No one appears for the petitioner or for the opposite parties even today. None had appeared on their behalf on the last occasion also.

The contempt application has been filed alleging willful disobedience of the interim order dated 27.03.1991 of this Court passed in C.W.J.C. No.1308 of 1991. The direction was that in case the petitioner deposited the amount of Rs.60,000/- then the operation of the impugned order in the said writ petition would remain stayed.

It appears that when this matter was taken up earlier, by order dated 23.02.1993 this Court had appointed a committee of three persons headed by a retired Judge of this Court, Mr. Justice R.C.P. Sinha, who has since died. The other members of the Committee were Mr. R.C. Gupta, Manager, Securities and Exchange Board (Market Operation), SEBI and the Registrar of Companies, Patna. It further appears that the Committee was requested to submit its report within two months.

Patna High Court MJC No.42 of 1992 (20) dt.19-05-2015 Thereafter at the request of the Committee, the date for filing of the report was extended by a further period of three months by order dated 13.12.1993. At the further request made by the Chairman of the Committee by order dated 5.4.1994, the time for submission of report was extended by a further period of three months. Again on 6.7.1994 further period of two months was granted for completion of the enquiry and also submission of the report.

As per the office report, no such report of the Committee is on the record and it appears that for various reasons, the Committee could not conclude its work and the matter could not be taken up for a period of nearly 21 years since then. The writ petition has itself been disposed of and the impugned orders, which had been stayed, have also been quashed granting certain liberty to the respondent authorities.

In the aforesaid facts and circumstances since none of the parties is taking any interest and the petitioner also does not appear to be taking any step in the manner so as to press the contempt application, the same is dismissed as not pressed. V.P.Sinha/- (Ramesh Kumar Datta, J) (Anjana Mishra, J) U