MOST REV. AUGUSTINE Vs. R.K. CHATTREE

JUDGEMENT

(1.) Submissions of the learned Counsel for the applicant Sri Ashok Pande and Sri Utsav Mishra, learned counsel for the respondent no. 1 were heard on 30/11/2023, when the learned counsel for the respondent had raised three preliminary objections and the judgment / order was reserved.

(2.) The petitioner had filed Special Appeal No. 233 of 2015 against the judgment and order dtd. 28/5/2015 passed by an Hon'ble Single Judge, whereby Writ Petition No. 406 (M/S) of 2015 was allowed, a reference made to the Prescribed Authority under Sec. 25 (1) of the Societies Registration Act was set aside leaving it open to the opposite party no. 3 to get his rights declared in a Regular Suit and the matter of list of office bearers and members of the general body of the society was remanded to the Deputy Registrar for taking a decision afresh in light of Ss. 4 and 4-B of the Societies registration Act and it was clarified that any observations made in the order dtd. 28/5/2015 passed in the Writ Petition shall not prejudice the rights of the parties in any proceedings. Special Appeal No. 233 of 2015 filed against the aforesaid order was dismissed on 12/7/2022. The petitioner had challenged the order dtd. 12/7/2022 by filing S.L.P. (C) No. 14338 of 2022, which was dismissed by means of an order dtd. 9/9/2022, leaving it open to the petitioner to workout the remedies in terms of the order passed in Special Appeal. Instead of availing his remedies as observed in the order dtd. 28/5/2015 passed by the Hon'ble Single Judge while allowing the Writ Petition, which had been affirmed by the Division Bench in the judgment dtd. 12/7/2022 passed in the Special Appeal, the petitioner filed Civil Misc. Review Application No. 142 of 2022, which was dismissed on 22/11/2022.

(3.) The petitioner challenged the order dtd. 22/11/2022 by filing S.L.P. 1839 of 2023. The S.L.P. was filed inter alia, included the grounds on which the contempt application has been filed. The Hon'ble Supreme Court has dismissed on 10/2/2023 by the following order: -