NAVEEN KUMAR N. Vs. SANJAY ARABALLI

JUDGEMENT

(1.) The present contempt petition is filed alleging non-compliance of the interim order dtd. 14/7/2023 passed by the learned Single Judge in W.P.No.14838/2023. The said interim order reads as under:-

(2.) On perusal of the said order shows that the learned Single Judge was pleased to grant interim order subject to the complainant depositing certain amounts with the respondent- Bank in installments. The first installment to be paid by the complainant was within two weeks from the date of the order. The learned counsel for the complainant admits that the period of two weeks expires today. The present contempt petition is filed on 24/7/2023 i.e., even before the expiry of two weeks' period. The order of the learned Single Judge makes it clear that the complainant is granted interim relief provided that he deposits certain amounts showing his bona fides and on failure to deposit the amount, the complainant would face consequence of not only vacating the interim order but, dismissal of the writ petition itself.

(3.) Considering the purpose of the interim order passed by the learned Single Judge, there is no doubt to say that it was the duty of the complainant to deposit the first installment of two lakhs within two weeks from the date of the order but, he came to a conclusion that pursuant to the interim order, if the complainant submits a representation to the accused, the accused will be left with no choice but, to remove the lock which is affixed on the door of the scheduled property. In our opinion, this is only on an erroneous assumption and presumption carried out by the complainant. The complainant ought to have deposited the first installment within stipulated period and then could have approached the accused for compliance of the interim order but, the complainant on his own assumption and presumption has filed the contempt petition. Therefore, we are of the opinion that the contempt petition is devoid of merits and deserves to be dismissed.