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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. JAYACHANDRAN, K.K. RAMAKRISHNAN, JJ.
Krishna P. Nair –Petitioner
Versus
Kumar Jeyanth, I.A.S., The Commissioner, Treasuries and Accounts, Chennai and Ors. – Respondents
Cont. P.(MD) No.247 Of 2021 in W.A(MD) No.254 Of 2013 in W.P(MD) No.263 Of 2006
Decided On : 07-02-2023
Contempt of Courts Act, 1971 - Section 11 - Contempt Petition filed under Section 11 of Contempt of Courts Act praying this Court to punish respondents herein for wilfully failing to comply with order passed by this Court in W.A(MD), confirming order of this Court made in W.P(MD) - Held, Learned Additional Government Pleader appearing for respondents/Contemnors has furnished a copy of interim stay granted by Honourable Supreme Court in S.L.P(Civil) - It appears that order passed by this Court in W.A(MD), is stayed - Held, learned Additional Government Pleader appearing for respondents/Contemnors has furnished a copy of interim stay granted by Honourable Supreme Court in S.L.P(Civil) - It appears that order passed by this Court in W.A(MD), is stayed - Contempt Petition is closed.
ORDER :
[G. Jayachandran, K.K. Ramakrishnan, JJ.]
[PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act praying this Court to punish the respondents herein for wilfully failing to comply with the order passed by this Court in W.A(MD)No.254 of 2013, dated 24.02.2020, confirming the order of this Court made in W.P(MD)No.263 of 2006, dated 04.07.2011.]
1. The learned Additional Government Pleader appearing for the respondents/Contemnors has furnished a copy of the interim stay granted by the Honourable Supreme Court in S.L.P(Civil)No.5607 of 2021, dated 16.04.2021. It appears that the order passed by this Court on 24.02.2020 in W.A(MD)No.254 of 2013, is stayed.
2. In such circumstances, the Contempt Petition is closed, with liberty to the Contempt Petitioner to proceed with the Contempt after the outcome of the Special Leave Petition. No costs.
A contempt petition alleging willful disobedience is unsustainable when there is a pending, active application to vacate the underlying order that is claimed to have been violated.
Interim stay in appeal halts contempt proceedings for alleged disobedience of prior order.
The absence of a petition seeking restraint from dealing with property negates grounds for contempt.
No wilful disobedience if court order passed after issuance but before communication to respondents.
Contempt proceedings stayed pending Supreme Court adjudication of underlying order.
A contempt petition is closed when the court is satisfied that the respondent has complied with the original directions and has placed evidence of the compliance on record.
Compliance with court orders is essential to avoid contempt proceedings.
Compliance with a court order negates the basis for a contempt petition under the Contempt of Courts Act.
Compliance with court orders is crucial to avoid contempt proceedings.
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