LAWS(P&H)-2022-1-146

RAJESH KHANDELWAL Vs. KANWAR PAL

Decided On January 17, 2022
Rajesh Khandelwal Appellant
V/S
KANWAR PAL Respondents

JUDGEMENT

(1.) Case is being taken up for hearing through Video Conferencing due to Covid-19 pandemic.

(2.) Prayer in the petition under Ss. 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, is for initiating proceedings against the respondents for intentional, willful and deliberate disobedience of judgment / directions dtd. 13/4/2009 of Hon'ble the Supreme Court in Writ Petition (Civil) No.483 of 2004 in case titled as 'Avinash Mehrotra versus Union of India and others.

(3.) In view of the decision of Hon'ble the Supreme Court in 'M/s Rajureshwar and Associates versus State of Maharashtra', 2013(2) RCR (Civil) 972 as well as in 'Vitusah Oberoi and others versus Court of Its Own Motion', 2017(2) SCC 314 query was put to learned counsel for the petitioner to address arguments on the maintainability of the instant petition before the High Court. Relevant extract of the aforementioned judgments is as under :-