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2025 DAILYLAW 2114 (JK)

M/S BHAWANI TRADING COMPANY AND ANR. v. H RAJESH PARSAD PRINCIPAL SECRETARY POWER DEVELOPMENT DEPARTMENMT AND OTHERS

CCP(S)/51/2025 · 2025-02-28

Rajnesh Oswal

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP(S) No. 51/2025 in OWP No. 1506/2013 CM No. 1091/2025 M/s Bhawani Trading Company and another …..Appellant(s)/Petitioner(s) Through: Mr. Ajay Vaid, Advocate. vs H Rajesh Parsad Pr. Secy Power Development Department and others .…. Respondent(s) Through: None. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 28.02.2025 1. The instant petition has been filed by the petitioners for initiating contempt proceedings against the respondents for wilfully and intentionally disobeying the order dated 16.08.2023 passed by this Court in CPOWP No. 237/2018 titled as “M/s Bhawani Trading Company and another vs. Hirdesh Kumar, Commissioner Secy. PDD and others”. 2. A perusal of the order dated 16.08.2023 reveals that liberty was granted to the petitioners to revive the contempt proceedings in the event of non compliance of order dated 14.08.2017. However, instead of reviving the contempt proceedings in respect of order dated 14.08.2017, the petitioner has filed the instant petition for initiating contempt proceedings against the respondent, which was not the Serial No. 129 2 CCP(S) No. 51/2025 mandate of the order dated 16.08.2023. Rather, this Court had permitted the petitioners to revive the contempt proceedings. 3. Learned counsel for the petitioners submits that the order passed by this Court has not been complied with the by the respondents, as such, the instant petition be treated as an application for revival of the contempt proceedings closed vide order dated 16.08.2023. 4. In view of this, no notice is required to be issued to the respondents at this stage in the instant petition, as such, the instant petition is disposed of by directing the Registry to revive the contempt petition bearing CPOWP No. 237/2018 to its original number. 5. CPOWP No. 237/2018 is taken on board. 6. Issue notice to the respondents. 7. Requisite steps be taken within a period of one week. 8. Registry to list this petition after three weeks. (RAJNESH OSWAL) JUDGE Jammu 28.02.2025 Sahil Padha Sahil Padha 2025.02.28 17:19 I attest to the accuracy and integrity of this document