Allahabad High Court
VIDYUT PARISHAD ASHULEKHAK SANGH THORU G.S.RAM NATH YADAVversusSRI SANJAY AGARWAL CHAIRMAN U.P.POWER CORP. LKO.AND ORS.
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SAURABH LAVANIA
Holding
The contempt petition is dismissed as having become infructuous.
Summary
The petitioner, Vidyut Parishad Ashulekhak Sangh Thoru, filed a civil contempt application (No. 429 of 2015) against Sanjay Agarwal and others. On the hearing date, no representative of the petitioner appeared, though the State's standing counsel was present. The court observed that the passage of time had rendered the contempt petition infructuous. Consequently, the petition was dismissed as infructuous and the contempt notices were discharged. The court allowed the petitioner an eight‑week window to move an application for recall if the cause of action still subsists.
Issues considered
- Whether the contempt petition remains maintainable after a prolonged lapse of time.
Subjects
- contempt of court
- infructuous petition
- procedural lapse
- dismissal
Judgment
Neutral Citation No. - 2024:AHC-LKO:5995
Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 429 of
2015
Applicant :- Vidyut Parishad Ashulekhak Sangh Thoru
G.S.Ram Nath Yadav
Opposite Party :- Sri Sanjay Agarwal Chairman U.P.Power
Corp. Lko.And Ors.
Counsel for Applicant :- P.K.Srivastava,Renu Mishra
Counsel for Opposite Party :- Dr L.P.Misra,Vikrant
Raghuvanshi
Hon'ble Shree Prakash Singh,J.
1. Case called out.
2. None present for the petitioner, however, learned Standing
Counsel for the State is present.
3. It seems that by the efflux of time, this contempt petition has
become infructuous.
4. Accordingly, the contempt petition is dismissed as having
become infructuous.
5. Contempt notices are hereby discharged.
6. If the petitioner feels that the cause of action still survives, he
may move an application for recall of the order within eight
weeks.
7. Consigned to record.
Order Date :- 19.1.2024
Mayank
Digitally signed by :-
MAYANK PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench
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