CREATIVE INTERNATIONAL TECHNOLGY v. DHIRAJ SINGH GARBYAL
CLCON/22/2025 · 2025-02-12
Pankaj Purohit
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 1222 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1222 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
CLCON No.22 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Shailendra Bhardwaj, Advocate for the petitioner, through video conferencing.
2. By means of the present contempt petition filed under Section 12 of the Contempt of Courts Act, 1971, it is alleged by the petitioners that the respondents have willfully and deliberately committed the contempt of this Court’s orders dated 05.12.2022 in WPMS No.3077 of 2022, “Creative International Technology Vs. Joint Commissioner Appeals State Tax Dehradun and another”.
3. Operative portion of the order, which the petitioner complained of, is quoted hereinbelow:-
“The petitioner has preferred certain appeals before
the appellate authority but those appeals have not yet been
admitted because of the defects of non deposit of the pre
deposit of the tax/penalty as is required under the relevant
law. Since, the petitioner has an efficacious and alternative
remedy, writ petition is not maintainable.
In that view of the matter, the writ petition is disposed
of giving liberty to the petitioner to file appropriate
application for stay after making the deposits. However,
since the petitioner has already approached the appellate
authority and is ready to deposit the pre deposit, any third
party interest created in the interregnum shall be subject to
result of the appeal(s) filed by the parties before the appellate
authority.”
4. From perusal of the order, this Court is of the view that no positive direction was issued to the respondent to perform any act on his behest, therefore, no contempt is made out.
5. Accordingly contempt petition is dismissed.
(Pankaj Purohit, J.)
12.02.2025 SK