SHIVA PURI GOSWAMI v. SRI SANTOSH KUMAR, REGIONAL MANAGER, U.P. STATE INDUSTRIAL DEVELOPMENT AUTHORITY
CAPL/617/2025 · 2025-02-13
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15415 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15415 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20421 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 617 of 2025 Applicant :- Shiva Puri Goswami Opposite Party :- Sri Santosh Kumar, Regional Manager, U.P. State Industrial Development Authority Counsel for Applicant :- Arun Mishra,Vijay Pratap Singh Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 6.12.2024 passed in Writ C No. 25078 of 2024 filed by the applicant, the writ Court directed as under:
"13. The writ petition is accordingly allowed. The respondent-Authority is
directed to execute lease deed in favour of the petitioner in pursuance of the permission for transfer dated 27.02.2024 within four weeks from the date of communication of the instant order without insisting upon filing of sale deed of the super structure/machinery but subject to the petitioner having fulfilled all other requirements.
14. In the result, the petition stands allowed to the extent indicated above. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 10.12.2024 , but the opposite party has willfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie, a case of contempt has been made out for punishing the opposite party for willful disobedience of the writ Court order. However, considering the facts and circumstances of the case, one more opportunity is accorded to the opposite party to comply with the aforesaid order of the writ Court in its letter and spirit within three months from the date of production of a copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ Court and intimate the applicant(s) of the order through the self- addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 13.2.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad