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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, CJ.
Harish Chandra Arya - Appellant
Versus
Dhiraj Singh Garbiyal - Respondent
Contempt Petition No. 194 of 2017
Decided On : 10-01-2023
Contempt - Disobedience of Court Order - Summary: The court addressed a contempt petition alleging willful disobedience of a previous order. The respondent filed an affidavit stating compliance with the court's direction, leading to the dismissal of the petition.
Fact of the Case:
The contempt petition alleged willful disobedience of a court order dated 30.03.2017.
Finding of the Court:
The court found that the respondent had complied with the court's direction, leading to the dismissal of the petition.
Issues: Alleged willful disobedience of court order.
Ratio Decidendi: Compliance with court direction led to the dismissal of the contempt petition.
Final Decision: The petition was closed as it did not survive due to the respondent's compliance with the court's direction.
JUDGMENT
Vipin Sanghi, CJ. - This contempt petition has been preferred alleging willful and conscious disobedience of the order dated 30.03.2017, passed in Writ Petition (S/S) No. 1150 of 2016.
2. The said order is under challenge in Special Appeal No. 419 of 2017, which is still pending consideration.
3. The respondent has filed a short affidavit bringing on record the order dated 02.08.2017, passed in the said special appeal, wherein the Court directed that, in case, the pensionary amount payable to the respondent exceeds the amount which is due from the respondent towards the recovery, and the same is paid, the petitioner herein, would not press the contempt. The affidavit states that in compliance of the order dated 02.08.2017, the amount which is exceeding the amount sought to be recovered has already been paid to the petitioner.
4. In the light of the aforesaid, this petition does not survive, at this stage. The same is, accordingly, closed.
AI
Dismissal of contempt petition due to setting aside of the order in question.
Court confirms closure of contempt proceedings, allowing revival based on compliance with prior judgment.
Compliance with court order via payment extinguishes contempt proceedings.
Compliance with court orders and interpretation of orders should be pursued through new litigation, not contempt petitions.
A contempt petition is rendered infructuous and is liable to be closed when the respondent satisfactorily demonstrates compliance with the underlying court order, as acknowledged by the petitioner.
Contempt petition closed upon submission of proof of compliance with prior court order.
Contempt petition closed upon claimed compliance with court order, dispute on payment calculation left for representation.
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