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Madras High CourtCONT P/2602/2022closed

N.Ravichandran v. Nirmal Prasad

2023-01-04Honourable Mr Justice P. N. Prakash,Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2023 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH N.Ravichandran S/o.Narayanan .. Petitioner Vs.

1.Nirmal Prasad Secretary, Madras Race Club, Guindy, Chennai - 600 032.

2.Dr.Karthikeyan C/o.The Secretary, Madras Race Club, Guindy, Chennai - 600 032.

3.R.Balakrishnan C/o.The Secretary, Madras Race Club, Guindy, Chennai - 600 032.

.. Respondents Contempt Petition filed under Section 10 of the Contempt of Courts Act, 1971, praying to punish the respondents for committing Contempt of Court by their willful disobedience of the permanent injunction granted by 1/4

judgment dated 14.02.2019 made in A.S.No.70 of 2018 on the file of XVII Additional Court, FAC XIX Additional Judge, City Civil Court, Chennai. For Petitioner :

Mr.I.Lakhsmana Shankar For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

ORDER

[Made by N.ANAND VENKATESH, J] This Contempt Petition has been filed on the ground that the respondents have disobeyed the judgment and decree passed in A.S.No.70 of 2018, dated 14.02.2019, by the learned XVII Additional Judge, FAC. XIX Additional City Civil Court, Chennai.

2. Today, Mr.Nirmal Prasad, Dr.Karthikeyan and Mr.R.Balakrishnan/ respondents 1 to 3 herein, are present.

3. In the considered view of this Court, the petitioner has an efficacious remedy under Order 21 Rule 32 of the Code of Civil Procedure. Without exercising the said remedy, a contempt petition will not lie before this Court. Hence, we are not inclined to entertain this contempt petition. 2/4

Accordingly, this Contempt Petition is closed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law.

[P.N.P., J] [N.A.V., J] 04.01.2023 Index: Yes/No gm 3/4

P.N.PRAKASH, J and N.ANAND VENKATESH, J gm 04.01.2023 4/4