ACE DESIGN LTD Vs. GAURAV SARUP SHARMA

JUDGEMENT

(1.) This Petition under Article 227 of the Constitution of India impugns the order [dated 1st June, 2018 in Misc. DJ No.23/2018 of the Court of Additional District Judge-1 (North)] of dismissal as barred by time of the application filed by the petitioner for initiation of proceedings of Contempt of Court against the respondent Gaurav Sarup Sharma.

(2.) The senior counsel for the petitioner has argued that vide the same order as impugned in this petition an application, filed by M/s. Marshall Machines Private Limited (MMPL) being the plaintiff in the suit from which this proceeding arises, for initiation of Contempt of Court proceedings against one of the directors of the petitioner herein was also dismissed and MMPL had also preferred CM(M) No.720/2018 against the said order and which petition has been allowed vide order dated 23rd January, 2019 by restoring the petition for Contempt of Court being Misc. DJ No.24/2018 to its original position.

(3.) Though on the basis of aforesaid contention it would follow that this petition also should be allowed but I have perused the impugned order as well as the application filed by the petitioner which has been dismissed, to find out whether in fact any case for initiation of proceedings under Contempt of Courts Act, 1971 is made out.