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Allahabad High Court

ASHOK KUMAR MAURYA AND 6 OTHERSversusTEJ PRATAP SINGH YADAV, ASSISTANT PROVIDENT FUND COMMISSIONER

Decided
Disposal
Dismissed on merits

Holding

The Court held that the order of the Writ Court had been complied with, so no contempt existed.

Summary

Ashok Kumar Maurya and six others filed a civil contempt application (No. 1254 of 2020) against Tej Pratap Singh Yadav, Assistant Provident Fund Commissioner, alleging non‑compliance with an earlier order of the Writ Court. The applicants' counsel was absent while the respondent's counsel appeared before the High Court. The Court examined whether the order of the Writ Court had been complied with and found that it had been. Consequently, the contempt application was dismissed and the matter was consigned to the record. The Court, however, allowed the applicants the liberty to file a recall application if they later discover non‑compliance.

Issues considered

  • Whether the order of the Writ Court was complied with, thereby negating the basis for a contempt proceeding

Subjects

  • contempt
  • civil contempt
  • Writ Court order
  • compliance
  • High Court

Judgment

                                        Court No. - 5

                                        Case :- CONTEMPT APPLICATION (CIVIL) No. - 1254 of
                                        2020

                                        Applicant :- Ashok Kumar Maurya And 6 Others
                                        Opposite Party :- Tej Pratap Singh Yadav, Assistant Provident
                                        Fund Commissioner
                                        Counsel for Applicant :- Ramesh Chandra Shukla,Rashmi
                                        Shukla
                                        Counsel for Opposite Party :- Sunil Kumar Gupta

                                        Hon'ble Saral Srivastava,J.

                                        List has been revised.

                                        Counsel for the applicants is not present.

                                        Counsel for the opposite party is present.

                                        It appears that order of Writ Court has been complied with,
                                        therefore, counsel for the applicants is not present.

                                        In such view of the fact, contempt application is dismissed and
                                        is consigned to record.

                                        However, applicants are at liberty to file a recall application
                                        against the order of this Court, if they find that the order of Writ
                                        Court has not been complied with.

                                        Order Date :- 11.5.2022
                                        Sattyarth




Digitally signed by SATTYARTH
ANAND
Date: 2022.05.13 18:06:01 IST
Reason:
Location: High Court of Judicature at
Allahabad


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