Kartik Ram v. S. K. V. Deshpande

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Case (Civil) No. 204 of 2017 Kartik Ram S/o Ganpat Lal aged about 50 years R/o Nehru Chowk Camp 1 Near Sinha Cycle Store Bhilai District Durg Chhattisgarh ---- Petitioner

Versus

S.K.V. Deshpande Principal B.S.P. High School Camp 1 Bhilai District Durg Chhattisgarh ---- Respondent For Petitioner : Shri H.B. Agrawal, Sr. Advocate with Ms. Preeti Yadav, Advocate. Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri P. Sam Koshy, Judge.

Order on Board Per Thottathil B. Radhakrishnan, Chief Justice 01/05/2017 1.

This application styled as one seeking invocation of the provisions of Contempt of Courts Act is instituted as if the actions attributed to the Respondent amount to violation of the terms of Annexure C/1, which itself is an order issued in jurisdiction under the Contempt of Courts Act. Through that order, quietus was sought to be obtained in relation to the dispute between the employees and the management of a particular school. The Petitioner complains that now the management is proceeding to take such action, as it would result in violation of the terms of Annexure C/1, and therefore, Annexure C/3 compliant has been placed.

2.

In this view of the matter, any subsequent action, after discharging the terms of Annexure C/1 may generate only an independent and fresh cause of action and even if there is any violation of directions contained in Annexure C/1, that has to be agitated independently, to seek relief from appropriate jurisdiction. It cannot be treated as a cause of action which would generate proceedings for

alleged Contempt of Courts Act in the first instance. 3.

We therefore close this contempt of court case without prejudice to any other reliefs that the Petitioner may seek from in appropriate jurisdiction in accordance with law.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (P. Sam Koshy) CHIEF JUSTICE JUDGE Anu