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2023 Supreme(UK) 144

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, CJ.
Hayat Singh Mehta - Appellant
Versus
D. Senthil Pandian & Anr. - Respondents
Contempt Petition No. 437 of 2018
Decided On : 12-01-2023

Advocates appeared:
Jagdish Singh Bisht, Advocate

Dismissal of contempt petition due to setting aside of the order in question.

Headnote:

Contempt - Non-compliance of court order - Summary: The court dismissed the contempt petition on the basis that the order in question had been set aside and the matter remanded back, rendering the petition moot.

Fact of the Case:

The contempt petition was filed due to deliberate non-compliance of a court order.

Finding of the Court:

The court dismissed the contempt petition as the order in question had been set aside and the matter remanded back.

Issues: Non-compliance of court order

Ratio Decidendi: The dismissal of the contempt petition was based on the fact that the order in question had been set aside and the matter remanded back.

Final Decision: The contempt petition was dismissed.

JUDGMENT

Vipin Sanghi, CJ. - The present contempt petition was preferred on the basis that there was deliberate, willful and conscious non-compliance of the order dated 08.03.2018, passed in Writ Petition (S/S) No. 1761 of 2011, by the respondents.

2. Counsel for the respondents has tendered in Court the judgment rendered by the Division Bench of this Court in Special Appeal No. 583 of 2018, whereby the order dated 08.03.2018, in Writ Petition (S/S) No.1761 of 2011, has been set aside, and the matter was remanded back.

3. In the light of the aforesaid, this petition does not survive.

4. The contempt petition is, accordingly, dismissed.

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