Siddhivinayak Tech., Pvt., Ltd v. Mr.Mayank Kumar

In the High Court of Judicature at Madras Dated : 25.11.2016 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Contempt Petition No.2506 of 2016 M/s.Shri Siddhivinayak Technologies Pvt. Ltd., rep.by its Director Mr.Ashutosh Sharma

...Petitioner

Vs Mr.Mayank Kumar, Commissioner of Customs, Chennai II Commissionerate, Custome House, No.16, Rajaji Salai, Chennai-1.

...Respondent

PETITION under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for deliberately committing contempt by willful disobedience of the order dated 23.6.2016 in W.P.No.13207 of 2016.

For Petitioner :

Mr.G.Derrick Sam For Respondent :

Mr.T.Pramod Kumar Chopda

ORDER

Heard both.

2. This contempt petition has been filed alleging willful non compliance of the order and direction issued in W.P.No.13207 of 2016 dated 23.6.2016. By the said order, the respondent was directed to consider the request made by the petitioner for provisional release of the goods in question.

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(2)

3. The receipt of the copy of the order by the respondent is not in dispute, as the respondent has noted the same in his Order-in-Original dated 23.9.2016 in paragraph 12. The said order pertains to totally 7 noticees and the petitioner is the sixth noticee in the said proceedings. Thus, the respondent, while considering the request made for provisional release, has also finally adjudicated the matter and passed an order.

4. The learned counsel for the petitioner submits that already steps have been taken to challenge the order dated 23.9.2016.

5. In view of the above, this Court is of the view that no contempt has been made out.

6. Accordingly, the above contempt petition is closed. SD/- JOINT REGISTRAR(OS)I/C //Certified to be true copy// Dated at Madras this the day of 2017. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Sm/CO/14/12/2016 one cc to Mr.T.Pramodkumar Chopda, Advocate, Sr.No.15503/16 https://hcservices.ecourts.gov.in/hcservices/