Abrar Ahmed Chisti v. N. Ashok Samrat

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SMT. JUSTI CE ANI S CONTEMPT CASE No.468 of 2016 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The respondent is present in person.

This contempt case was instituted alleging wilful disobedience to the order dated 01.04.2015 passed by this Court in W.P.No.8959 of 2015. By the said order, this Court directed the respondent herein to consider the petitioner's objections, after giving notice of hearing and pass a speaking order. This exercise was directed to be completed within a time frame and till such time, no coercive measures were to be taken. Cause for grievance in this contempt case was that the demand notice dated 22.02.2016 was issued by the respondent without complying with the order passed by this Court.

Sri P.Keshava Rao, learned counsel for the respondent, now states that upon his advise, the respondent realised that he had failed to comply with the order passed by this Court in true letter and spirit and rectified his lapse by considering the objections filed by the petitioner and passing a fresh order in proceedings dated 20.04.2017. A copy of the said proceedings is placed on record.

In the light of the aforestated submission, we are of the opinion that though there is disobedience to the order in the first instance by the respondent, it cannot be categorised as wilful and deliberate warranting further action under the provisions of the Contempt of Courts Act, 1971. The contempt case is accordingly closed. No order as to costs. _______________________ SANJAY KUMAR, J _____________________ ANI S, J Date:09.06.2017 GJ