Created by Fuzzy Cloud

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)

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.