M/S. Sweet Home Constructions vs. Latha Kumari
Held
The High Court held that since the original order, for which contempt was alleged, had been set aside by a higher court, the contempt petition was rendered infructuous. Consequently, the petition was consigned, and a previously issued bailable warrant was cancelled.
Facts
M/s. Sweet Home Constructions filed a contempt petition alleging non-compliance with an order dated 08.04.2025, which directed the accused to reimburse a GST amount. The accused informed the High Court that the said underlying order had been subsequently set aside by a Division Bench in a Writ Appeal.
Key Issues
The key legal issue was whether contempt proceedings could be maintained when the underlying order, whose disobedience was alleged, had been set aside by a higher appellate court.
AI-generated summary — verify with the full judgment below
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HC-KAR
CNR: KAHC010475752025 NC: 2026:KHC:49155-DB IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU CIVIL CONTEMPT PETITION NO.916 OF 2025 BETWEEN:
M/S. SWEET HOME CONSTRUCTIONS REPRESENTED BY SRI SHIVANAND R SHETTY AGED ABOUT 52 YEARS PROPRIETOR HAVING ITS PLACE OF BUSINESS AT NO.8 GROUND FLOOR, DATTATREYA COMPLEX SAI MANDIR ROAD, KARWAR – 581 306 …COMPLAINANT
(BY SRI. PAWAR PRAKASH GOPALKRISHNA, ADVOCATE)
AND:
LATHA KUMARI THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL INSTITUTION SOCIETY (KREIS) CUNNIGHAM ROAD BENGALURU – 560 052 …ACCUSED
THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY KANNAN Location: HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010475752025 NC: 2026:KHC:49155-DB DEPARTMENT OF FINANCE 2ND FLOOR VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE – 560 001 …PRO
The judgment continues below.
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