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2025 DAILYLAW 21237 (KAR)

DR MADHU v. SRI KUMAR G NAIK

CCC/359/2023 · 2025-02-18

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:7292-DB CCC No. 359 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.359 OF 2023 BETWEEN: 1. DR. MADHU S/O. DODDAIAH AGED 41 YEARS 2. DR. PARVATHI M. W/O. DR. MADHU AGED 38 YEARS BOTH ARE RESIDING AT FLAT NO.51044 PRESTIGE FALCON CITY NEAR KONANKUNTE SIGNAL KANAKAPURA ROAD BENGALURU - 560 062. …COMPLAINANTS (BY SRI PRADEEP PATIL, ADVOCATE FOR SRI MONESH KUMAR, K. B., ADVOCATE) AND: SRI KUMAR G. NAIK COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARAPARK WEST BENGALURU - 560 001. …ACCUSED (BY SRI SACHIN B. S., ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7292-DB CCC No. 359 of 2023 THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN HE PRAYS TO SECURE THE PRESENCE OF ACCUSED PERSON AND PUNISH HIM FOR HAVING WILLFULLY DISOBEYED THE ORDER DATED 02.12.2022 PASSED BY THIS HON'BLE COURT IN W.P.NO.14685 OF 2022 (BDA). THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated by the complainants against the accused for disobedience of the order dated 02.12.2022 passed by learned Single Judge in W.P.No.14685/2022(BDA), wherein the respondent was directed to repay a sum of Rs.41,85,000/- together with interest @ 10% p.a. to the petitioners and the respondent was also directed to pay balance sum of Rs.1,23,87,600/- with interest @ 10@ p.a. and the aforesaid entire sums of money was directed to be paid to the petitioners on or before - 3 - NC: 2025:KHC:7292-DB CCC No. 359 of 2023 15.01.2023. Since the same was not complied, the present contempt proceedings is filed. 2. Heard learned Counsel Sri. Pradeep Patil, representing Sri Monesh Kumar K.B., for the complainants and learned counsel Sri. Sachin, B.S. for the accused. 3. Learned counsel Sri. Sachin B.S. submits that an appeal in W.A.No.1169/2023 is filed questioning the interest portion and process has been served by the respondent. Learned counsel further submits that has also filed a memo dated 14.10.2024, wherein, it is stated that in partial compliance of the order dated 02.12.2022 passed in W.P.No.14685/2022, the BDA has handed over principle amount through cheque bearing No.259371 dated 07.07.2023 in a sum of Rs.1,67,40,000/- to the complainant and the same having been acknowledged by learned counsel for the complainant, the contempt proceedings does not survive for consideration and hence, the same may be dropped. - 4 - NC: 2025:KHC:7292-DB CCC No. 359 of 2023 In view of the above, the contempt proceedings do not survive for consideration and accordingly, the contempt proceedings are hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 2 Sl No.: 4