Inox Leisure Limited v. Shri Niranjan Das

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 532 of 2019 • Inox Leisure Limited A Company Incorporated Under The Provisions of The Companies Act, 1956 Having Its Registered Office At ABS Towers, Old Padra, Vadodara, 390007 (Gujarat) And inter alia A Condominium Of Four Screens Multiplex Cinema At City Mall 36, Village New Purena, G.E. Road, Labhandi, Raipur, Tehsil And District - Raipur, Chhattisgarh. Through Its Authorized Representative And General Manager - Mr. Rohit Ghosh. ---- Applicant

Versus

• Shri Niranjan Das Secretary, Cum Excise Commissioner, Department of Excise, State of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, (Naya Raipur) District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Shri Anand Dadariya, Advocate.

For Respondent :

Shri Syed Maji Ali, Advocate.

Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Order on Board Per P. R. Ramachandra Menon, Chief Justice 18.07.2019 1.

Non-compliance of direction of this Court as per judgment dated 16.11.2018 passed in WPT No. 3 of 2017 is the subject matter for consideration. 2.

When the matter is taken up for consideration, it is brought to the notice of this Court by the learned counsel for the Respondent / Contemnor that the verdict passed in the instant case has already been taken up before the Hon'ble Supreme Court and the same is pending there.

3.

The learned counsel also submits that the above verdict was passed placing reliance on the judgment WPT No. 47 of 2016 and the said verdict is also

subjected to challenge and the matter is pending consideration in the Apex Court.

4.

In view of the turn out events, we are of the view that no further proceedings can be pursued in respect of the alleged contempt of action on the part of the Respondent / Contemnor for the time being. The contempt matter stands closed without prejudice to the rights and liberties of the Petitioner to move this Court as and when the matter gets finalized by the Apex Court, should any occasion arise in this regard.

Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Brijmohan