IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CONC No. 1410 of 2015 (ASHISH SINGH AND OTHERS Vs NAVJOT SINGH BAGGA AND OTHERS )

Dated : 15-05-2025 Shri Shailendra Sharma - Advocate for the petitioners.

Shri Shubham Patel - Advocate for respondent no.5.

Shri Vinit Singh - Advocate for respondent no.6.

Learned counsel for respondent nos. 5 and 6 seek time to file reply of I.A. No.17746 of 2024.

It is seen that on 14.12.2023 learned counsel for the petitioners withdrew the contempt petition stating that it has become infructuous. Therefore admitting his submission, Hon'ble Coordinate Bench of Hon'ble Chief Justice sitting as a Single Bench disposed of the contempt petition as having rendered infructuous.

Thereafter, it is submitted that such prayer was never made before concerned bench and Hon'ble Single bench recorded the said fact on its own motion without any submission having made by the party. In fact, it is submitted that counsel for the petitioner even did not appear in this case in that court on the said date.

Now I.A. No.17746 of 2024 an application under Section 151 of CPC seeking review/recall of the order dated 14.12.2023 has been filed on

29.8.2024.

Reply of aforesaid interlocutory application has been filed by respondent no. 5 on 27.3.2025 and the reply of respondent no. 6 has been Signature Not Verified Signed by: BASANT KUMAR filed on 19.3.2025, which are scanned and uploaded in the ERP System.

Learned counsel for the petitioners submits that after impeading respondent no. 6, they supplied a copy of contempt petition and not a copy of I.A. No.17746 of 2024.

Learned counsel for respondent no. 5 submits that he has received copy of aforesaid interlocutory application but reply has not been filed by respondent no. 6 as he has not obtained copy of the same. Reply of respondents of aforesaid interlocutory application is very essential.

Let a copy of the same be supplied to learned counsel for the respondent no. 6 and let the reply be filed if not already done so.

Learned counsel for the respondent nos. 5 and 6 submit that they are very well aware that regarding the same matter, F.A. No.23 of 2002 (Navtesh Singh Bagga and others Vs. Leelawati Singh and others) is pending in which there is status quo order dated 30.1.2002 and Contempt Case No. 1410 of 2015 (Ashih Singh Vs. Navjot Singh Bagga) is pending or disposed of, it does not effect the sanctity of that order in F.A. No.23 of 2002.

Therefore, respondent nos. 5 and 6 should be aware of the order dated 30.1.2002 and should not do anything which goes against the order.

Whether this contempt petition is restored or not, is a different matter. At this juncture, learned counsel for petitioner submits that in Contempt Petition No. 1153 of 2021 (IDBI Bank Limited Vs. Dinesh Shahra) vide order dated 14th of November 2022, the Hon'ble Coordinate Bench at Indore under the similar circumstances reviewed the order and Contempt Petition No. 1153 of 2021 was restored to is original number.

Signature Not Verified Signed by: BASANT KUMAR Let a copy of aforesaid order 14th of November 2022 passed in Contempt Petition No. 1153 of 2021 be supplied to learned counsel for respondent nos. 5 and 6.

Learned counsel for respondent nos. 5 and 6 are directed to file reply before the next date.

It is made clear that no further adjournment shall be granted for the said purpose.

List in the week commencing 16th of June 2025.

(AVANINDRA KUMAR SINGH)

JUDGE bks Signature Not Verified Signed by: BASANT KUMAR