M/S Sweet Home Constructions vs. Latha Kumari
Held
The High Court held that since the original order, whose disobedience was alleged, had been set aside by a superior court, the contempt petition had become infructuous. Consequently, the petition was dismissed, and a previously issued bailable warrant was cancelled.
Facts
A contempt petition was filed against the accused for non-compliance with a High Court order directing reimbursement of GST. However, the order forming the basis of the contempt petition was subsequently set aside by a Division Bench in a writ appeal.
Key Issues
Whether contempt proceedings can continue when the underlying order, which was allegedly violated, has been set aside by a superior court.
Sections Cited
Article 215, Section 11, Section 12
AI-generated summary — verify with the full judgment below
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HC-KAR
CNR: KAHC010475982025 NC: 2026:KHC:49154-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.919 OF 2025 BETWEEN:
M/S SWEET HOME CONSTRUCTIONS REPRESENTED BY PROPRIETOR SRI. SHIVANAND R. SHETTY. AGED ABOUT 56 YEARS 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 KREIS CUNNIGHAMA ROAD BENGALURU – 560 052 …ACCUSED
THE GOVERNMENT OF KARNAATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FINANCE, JAI JYOTHI J Location: HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010475982025 NC: 2026:KHC:49154-DB 2ND FLOOR, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE - 560 001 … PROFORMA R2
(BY SRI. SHISHIRA AMARNA
The judgment continues below.
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