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2025 DAILYLAW 26632 (ALL)

KAMLAWATI SINGH v. SHAMBHU KUMAR AND 3 OTHERS

CAPL/1600/2024 · 2025-05-13

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79458 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1600 of 2024 Applicant :- Kamlawati Singh Opposite Party :- Shambhu Kumar And 3 Others Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- Chetan Chatterjee Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading wilful disobedience of the order dated 11.12.2023 passed by this Court in Writ C No. 38317 of 2023. The operative portion of the order dated 11.12.2023 as contained in paragraph no.5 of the order is reproduced below : "5. Considering the facts and circumstances, we are not inclined to adjudicate the matter. In case, petitioner approaches within a week's time, the respondents would provide the agreement which was entered between the parties in the year 2017, thereafter, the petitioner would be at liberty to press the relief under the aforesaid Code in further a week's time and the same would be considered as per law by the competent authority in further six weeks." An affidavit has been filed by the opposite party stating that the document is not traceable, therefore, the same cannot be provided. On a query being made to the counsel for the applicant and the counsel for the opposite party as to the nature of the agreement, it was stated that the agreement referred in the order dated 11.12.2023 is the agreement entered into between the licensee and the consumer for installation of electricity connection. The agreement is a standard form agreement, therefore, the applicant can have a copy of the standard form from the department itself. As the document is not traceable, no wilful disobedience can be imputed to the opposite parties so as to proceed further under the Contempt of Courts Act, 1971. The contempt application is disposed of. The file of the case be consigned to records. Notices are discharged. Order Date :- 14.5.2025/Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad