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2015 Supreme(All) 1947
ALLAHABAD HIGH COURT
Rajesh Dayal Khare, J.
Vinay Kumar Vatsa - Appellant
Versus
Sri Dinesh Kumar Yadav, D.I.O.S., Agra - Respondent
Contempt Application (Civil) No. 2782 of 2015
Decided On : 08-05-2015
For the Petitioner: Anil Bhushan, Adarsh Bhushan.
Non-compliance with court orders may lead to action under the Contempt of Courts Act.
Headnote:
Contempt - Non-compliance with court order - The court directed the opposite party to comply with the order of the Writ Court within a specified period, failing which the court would proceed against the opposite party under the Contempt of Courts Act.
Fact of the Case:
The applicant alleged that the opposite party deliberately flouted the order of the Writ Court by not complying with the directions within the specified time period.
Finding of the Court:
The court directed the opposite party to comply with the directions of the writ court within a specified period and warned of potential action under the Contempt of Courts Act if the directions were not followed without reasonable cause.
Issues: Non-compliance with court order, Contempt of Courts Act
Ratio Decidendi: The court emphasized the binding nature of its orders and the consequences of non-compliance, highlighting the potential action under the Contempt of Courts Act.
Final Decision: The application was finally disposed of with directions for the opposite party to comply with the court's order, failing which the applicant could approach the court again.
Rajesh Dayal Khare, J.
Heard learned counsel for the applicant.
2. The grievance of the applicant is that the opposite party-contemnor has intentionally and deliberately flouted the order of the Writ Court dated 12.2.2015 passed in Writ-A-No.67876 of 2009, copy of which order has been annexed as annexure-4 to the affidavit accompanying this contempt application, whereby the writ Court had granted liberty to the applicant to file claim before the opposite party within a week and the opposite party was directed to consider and decide the same within three weeks thereafter.
3. Learned counsel for the applicant contends that the aforesaid order of the Writ Court was duly served upon the opposite party personally on 02.3.2015 copy of which application bearing endorsement of receipt has been filed as annexure-5 to the affidavit accompanying this application. It is contended that in spite of service of the order of the writ Court, same has not been complied with, therefore, the opposite party has deliberately flouted the order of the Writ Court.
4. The opposite party is bound by the order of this court and in case he does not comply with the directions of the writ court within a period of two months of receipt of this order, without any reasonable cause, the court would have no option but to proceed against him under the Contempt of Courts Act.
5. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within three weeks from today and keep a record thereof.
6. The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelope within a week thereafter.
7. In case, opposite party does not comply with the aforesaid directions, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
