S.B. CCP No. 1210/2013

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

S.B. Civil Contempt Petition No. 1210/2013

Ramesh Kumar Garwa vs. Naresh Kumar Batra & Anr.

In

S.B. Civil Writ Petition No. 4918/2012

Date of Order :   3^rd December, 2013

HON'BLE MR. JUSTICE R.S. CHAUHAN

Mr. Vijay Poonia, for the petitioner.

The petitioner has filed this contempt petition

ostensibly on the ground that the judgment passed by this

Court on 2.7.2012 has not been complied with by the

respondents-contemnors. The present petition has been

filed on 27.9.2013. Thus, obviously the petition has been

filed after a period of one year. Therefore, this Court

has requested Mr. Vijay Poonia, the learned counsel for

the petitioner, to address on the point of limitation.

2.

Mr. Vijay Poonia has made the following

submissions before this Court:-

Firstly, Article 215 of the Constitution of

India bestows the inherent power of contempt upon this

Court. Therefore, the limitation prescribed by Section 20

of the Contempt of Courts Act ('the Act' in short) would

not be applicable to a contempt petition filed under

Article 215 of the Constitution of India. Sec