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Allahabad High Court

AMAR KUMARversusSHRI SADAKANT PRIN.SECY.HOUSING and URBAN DEVELOPMENT LKO.andORS

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The contempt petition was dismissed for want of prosecution.

Summary

Amar Kumar filed a civil contempt application (No. 1721 of 2014) against Shri Sadakant, Principal Secretary, Housing and Urban Development, Lucknow. The petitioner failed to appear in court and did not seek any adjournment. Counsel for the respondent, Nadeem Murtaza and Ratnesh Chandra, were present. The bench noted the absence of the petitioner and the lack of any request to continue the proceedings. Consequently, the court dismissed the contempt petition for want of prosecution. The order was pronounced on 29 November 2023 by Justice Manish Kumar of the Allahabad High Court, Lucknow Bench.

Issues considered

  • What is the appropriate course of action when a petitioner does not appear and makes no request for adjournment in a contempt proceeding?

Subjects

  • contempt
  • civil procedure
  • dismissal
  • want of prosecution
  • high court

Judgment

                                         Court No. - 22

                                         Case :- CONTEMPT APPLICATION (CIVIL) No. - 1721 of
                                         2014
                                         Applicant :- Amar Kumar
                                         Opposite Party :- Shri Sadakant Prin.Secy.Housing And Urban
                                         Development Lko.Andors
                                         Counsel for Applicant :- Shailesh Chandra Tiwary,Dileep
                                         Kumar Misra
                                         Counsel for Opposite Party :- Nadeem Murtaza,Ratnesh
                                         Chandra

                                         Hon'ble Manish Kumar,J.

                                         Case called out in the revised list.
                                         None has put in appearance on behalf of the petitioner to press
                                         the petition nor any request has been made for adjournment of
                                         the case.
                                         Learned counsel for the respondent is present.
                                         In view thereof, contempt petition is dismissed for want of
                                         prosecution.
                                         Order Date :- 29.11.2023
                                         -Amit K-




Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench


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