The Best Towers Private Limited v. Reliance Communication Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3913 of 2019 In Letters Patent Appeal No.1036 of 2018 ====================================================== The Best Towers Private Limited 103, Suryananda Apartment, Ground Floor, Buddha Colony, Patna- 800 001 through its Managing Director, Pervez Ahmad, aged about 68 years, Gender- Male, Son of Late Dr. Tahir Hussain, Resident of B55, Peoples Cooperative Colony, Kankarbagh, Patna- 800 020. ... ... Petitioner

Versus

1.

Reliance Communication Limited having its registered office at H Block, Ist Floor, Dhirubhai Ambani Knowledge City, Navi Mumbai, 400071, through its Chairman Sri Anil DhirubhaiAmbani, Son of Late DhirubhaiAmbani, Resident of NargisDutt Road, Pali Hill, Mumbai- 400050 (Maharashtra). 2.

The State of Bihar through the Secretary, Department of Industries, 2nd Floor, New Secretariat, Bailey Road, Patna- 800 015. 3.

The Director of Industries, Govt. of Bihar, 2nd Floor, New Secretariat, Bailey Road, Patna- 800 015.

4.

The Micro and Small Enterprises Facilitation Council (MSEFC), through its Chairman C/o The Director of Industries, Govt. of Bihar, 2nd Floor, New Secretariat, Bailey Road, Patna- 800 015.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate Mr. Ayush Kumar, Advocate Mr. Shikhar Mevil, Advocate Mr. Rishabh Gupta, Advocate Ms. Lakshmi Kumari, Advocate Mr. Rajnish Prakash, Advocate Mr. Adarsh Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Prasad Sinha (Aag 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 31-07-2024 The present M.J.C / Contempt petition is filed on the score that respondent - Reliance Communications Limited had concealed certain factual material information while

Patna High Court MJC No.3913 of 2019 dt.31-07-2024 2/2 deciding C.W.J.C. No. 8086 of 2018 read with L.P.A. No. 1035 of 2018. Such grievance cannot be redressed in the Contempt of Court proceedings. Contempt of Court is only in respect of noncompliance of orders of the Court.

2. If the Respondent - Reliance Communication Limited have concealed certain factual aspect of the matter and obtain an order on the alleged fraud from this Court, in that event, petitioner has remedy of filing Review Petition or in the alternative, he is required to invoke Section 340 of Cr.P.C. before the jurisdiction forum. Therefore, the present M.J.C. / Contempt petition is not maintainable.

3. Accordingly, the present M.J.C./Contempt petition stands dismissed.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2024 Transmission Date NA