PRADEEP PHOSPHATES LTD Vs. D P SHARMA

JUDGEMENT

(1.) This is a petition under Section 2(b), 11, 12 and 14 of the Contempt of Courts Act, 1971 read with Section 151 of the Code of Civil Procedure for initiation of proceedings against the respondents/contemnors for dis-obedience of the interim order passed by the Court on 19.8.2003, staying proceedings in Appeal No.5/2003. The said interim order continued from time to time. It is stated that notwithstanding the said order, respondent No.1/contemnor continued with the proceedings despite the knowledge of the stay order.

(2.) Union of India had been arrayed as the respondent through the Additional Secretary, who happens to be respondent No.1/contemnor. Counsel for Union of India had appeared and was aware of the proceedings.

(3.) Notice in the contempt petition was issued and detailed affidavit in reply has been filed. It is stated that the said respondent No.1/contemnor was not at all aware of the stay order passed. It is stated that respondent No.1/contemnor was performing his function as an Appellate Authority and was not a representative of Union of India, even though he had been wrongly arrayed by the petitioner in the writ petition. In the detailed affidavit, filed by respondent No.1, he has stated that he has highest regards for judicial orders, especially being in the Law Ministry. Further, it is averred in the affidavit that neither the petitioner nor the respondent had informed him during the proceedings that there has been a stay of the proceedings in appeal.