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2022 Supreme(AP) 1363

ANDHRA PRADESH HIGH COURT AT AMARAVATI
Battu Devanand, J.
P. J. Kabeer Das – Appellant
Versus
Pandu Ranga Rao – Respondent
Contempt Case No. 854 of 2017
Decided On : 21-04-2022

Advocates appeared:
M Janardhan Rao, Advocate, P Subash, Advocate

Acceptance of unconditional apology for delay in implementing court order

Headnote:

Contempt - Willful Disobedience - Implementation of Court Order

Fact of the Case:

The respondent was accused of willful disobedience in implementing a court order from 06.04.2016, which directed the respondent to consider the petitioner's representation and pass orders within eight weeks.

Finding of the Court:

The court accepted the unconditional apology tendered by the respondent for the delay in implementing the court order, considering that the representation of the petitioner was disposed of with some delay but ultimately implemented.

Issues: Willful disobedience of court order, delay in implementation, acceptance of unconditional apology

Ratio Decidendi: The court considered the facts and circumstances of the case, accepted the apology as bonafide, and concluded that no further adjudication was required.

Final Decision: The Contempt Case was closed, and no costs were imposed. Any pending miscellaneous petitions in the case were to be closed as well.

JUDGMENT

Battu Devanand, J. - This Contempt Case has been filed complaining willful disobedience of the respondent in implementing the Order dated 06.04.2016 passed by this Court in W.P.No.11142 of 2016.

2. There is no representation for the Petitioner.

3. This Court by Order dated 06.04.2016 directed the respondent No.3 therein to consider the petitioner's representation and pass orders thereon within a period of Eight weeks from the date of receipt of a copy of the Order and communicate its decision thereon to the petitioner.

4. This Contempt Case has been filed on 18.04.2017.

5. Learned counsel for the respondent submits that on 29.04.2017, the representation of the petitioner is disposed of as per the direction of this Court by the respondent and as there is some delay in implementing the Order of the Court, he tendered his unconditional apology for the delay caused in implementing the Order of this Court.

6. Considering the fact that the representation of the petitioner is disposed of on 29.04.2017 and the said endorsement was communicated to the petitioner under proper acknowledgment, it appears that the order of this Court is implemented, but with some delay.

7. In view of the facts and circumstances of the case, the unconditional apology tendered by the respondent for the delay caused in implementing the order is accepted treating it as bonafide.

8. For the above reasons, no further adjudication is required in this Contempt Case.

9. accordingly, this Contempt Case is closed.

10. There shall be no order as to costs.

11. Miscellaneous petitions pending, if any, in this case shall stand closed.

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