ABHENDRA KUMAR JAIN Vs. B K GUPTA

JUDGEMENT

(1.) . In this Petition it has been alleged that the Respondents have not complied with the directions contained in the Order dated August 3, 2001,whereby Hon'ble Mr.Justice Mukundakam Sharma allowed Civil Writ Petition No.5078/2000, reads as follows:

(2.) . It is trite to state that for a person to be held punishable under the Contempt of Courts Act, the Order of which disobedience is alleged should be explicit and unambiguous. If two opinions are possible, and the one adhered to and complied with by the Respondents is a plausible one, the Court should eschew the exercise of its powers of committing for Contempt. It is also well established that the powers of Contempt cannot be invoked as a substitute for execution proceedings.

(3.) . In J.S.Parihar Versus Ganpat Duggar and Others, (1996) 6 Supreme Court Cases 291, it had been ordered that a seniority list be prepared which was so done. However, this was on the ground that it was not correctly prepared and violated the concerned Order. The Hon'ble Supreme Court made the following pronouncement: