Extracted from the PDF above. The PDF is authoritative.
COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings CNR No. SKHC01-000019-2025 CONT. CASE(C) No.02 of 2025 UMESH AGARWAL AND OTHERS
PETITIONER(S) VERSUS MAHESH AGARWAL AND OTHERS
RESPONDENT(S)
For Petitioner(s) : Ms. K. D. Bhutia, Advocate.
For Respondent(s)
R-1 : Mr. N. Rai, Senior Advocate with Ms. Tara Devi Chettri, Advocate.
R-2 : Mr. Sushant Subba and Mr. Nirmal Thapa, Advocates.
Date : 19/08/2026
CORAM HON’BLE MR. JUSTICE A. MUHAMED MUSTAQUE, CHIEF JUSTICE
ORDER
This Contempt Case is arising out of the Judgment of this Court passed in RSA No. 05 of 2019. The proper remedy in such a situation is to approach the Civil Court rather than this Court in Contempt jurisdiction.
In Civil matters rights and obligations of parties are declared through a Decree or Order. That cannot be a subject matter of Contempt.
Accordingly, Contempt Case(C) No.02 of 2025 is disposed of with liberty to approach the Civil Court if any such other rights are infringed as declared by this Court.
Chief Justice
ds/arc