Karnataka High Court
Mr Gollarahalli Vijay vs Mr Kumar Naik G on 19 December, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:52566-DB
CCC No. 922 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CIVIL CONTEMPT PETITION NO. 922 OF 2022
BETWEEN:
MR GOLLARAHALLI VIJAY
SON OF SHRI. G. K. RAMAN,
AGED ABOUT 61 YEARS,
RESIDING AT NO.95, FLAT NO. 101,
RENAISSANCE REGALIA, 6TH MAIN ROAD,
MALLESHWARAM, BANGALORE-560 003.
...COMPLAINANT
(BY SRI. VIKRAM HUILGOL, SENIOR COUNSEL FOR
SRI. VIKHAR AHMED B, ADVOCATE)
Digitally signed by
HARIKRISHNA V AND:
Location: HIGH
COURT OF MR. KUMAR NAIK G
KARNATAKA
THE COMMISSIONER
BANGALORE DEVELOPMENT
AUTHORITY, CHOWDAIAH ROAD,
KUMAR PARK WEST,
BANGALORE-560 020.
...ACCUSED
(BY SRI. SHRAWAN AND
SRI. SACHIN B.S, ADVOCATES)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA R/W SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 PRAYING TO GRANT THE
RELIEFS TO THE COMPLAINANT AS AGAINST THE ACCUSED -
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NC: 2024:KHC:52566-DB
CCC No. 922 of 2022
INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED
FOR NOT COMPLYING WITH THE ORDER DIRECTION DATED
5.7.2022 IN WP NO.29437/2019 PASSED BY THIS HON'BLE
COURT AND PUNISH THE ACCUSED FOR WILLFUL
DISOBEDIENCE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
and
HON'BLE MR JUSTICE RAJESH RAI K
ORAL ORDER
(PER: HON’BLE MR JUSTICE K.SOMASHEKAR)
This contempt proceeding is initiated under Sections 11
and 12 of the Contempt of Courts Act, 1971 r/w Article 215 of
the Constitution of India for wilful disobedience of the order
passed by the learned Single Judge in W.P.No.29437/2019
dated 05.07.2022 vide Annexure-A.
2. Sri Vikhar Ahmed B., learned counsel for the
complainant, is on record, has secured the service of learned
Senior counsel namely Sri Vikram Huilgol, who is present
before the Court physically and submits that being aggrieved
by the order passed by the learned Single Judge in
W.P.No.29437/2019, a appeal in WA.No.70/2023 is preferred
by the respondent-BDA, wherein the interim order has been
granted. This submission is taken on record.
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NC: 2024:KHC:52566-DB
CCC No. 922 of 2022
3. Sri Sachin B.S., learned counsel for the respondent
is on record but represented by learned counsel namely
Sri Shravan, who submits that he has filed a memo stating that
in pursuance of the order dated 11.08.2023, the respondent-
BDA has deposited a sum of Rs.10,00,000/-. Memo is taken on
record.
4. Therefore, keeping in view the submission made by
the learned Senior Counsel for the appellant and the memo
filed by the learned counsel for the respondent, are concerned,
it is deemed appropriate to state that there is no substance to
consider this contempt petition as it is punitive in nature.
Consequently, this contempt proceeding is hereby disposed
of.
5. Liberty is granted to the learned Senior counsel for
the appellant to proceed in accordance with law.
Sd/-
(K.SOMASHEKAR)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
KTY/List No.: 1 Sl No.: 6