Gopal Ch Swain vs. Rajiv Kumar
Held
The Court noted that the Petitioner had filed a Contempt of Court Petition (CONTC) alleging violation of an interim order passed in a previous Writ Petition. At the time of hearing, the counsel for the Petitioner submitted a memo to withdraw the CONTC. Consequently, the Court dismissed the CONTC as withdrawn. The Court did not adjudicate on the merits of the contempt allegations or the underlying dispute regarding the demand notice, royalty, or GST. The operative direction was solely to dismiss the petition as withdrawn.
Facts
The Petitioner, Gopal Chandra Swain, had previously filed W.P.(C) No.21823 of 2020 challenging a demand notice dated April 24, 2020, for payment of an awarded amount within seven days, and a forfeiture notice dated May 8, 2020, concerning security deposit and royalty. He also sought exemption from royalty and GST for the Crop, 2020. This Court, in its interim order dated October 5, 2020, directed that no third-party interest be created in the cashew plantation lot. The present Contempt of Court Petition (CONTC) was filed by the Petitioner alleging that the Opposite Parties-Contemnors issued tender call notices on September 18, 2020, and October 16, 2020, for the same cashew plantation lot, thereby violating the interim order.
Key Issues
1. Whether the Opposite Parties-Contemnors have violated the interim order dated October 5, 2020, passed by this Court in W.P.(C) No.21823 of 2020 by issuing tender call notices for the cashew plantation lot in question, thereby creating third-party interest. Petitioner's Contention: The Petitioner argued that the issuance of tender call notices on September 18, 2020, and October 16, 2020, by the Opposite Parties-Contemnors directly contravened the interim order of this Court dated October 5, 2020, which prohibited the creation of any third-party interest in the cashew plantation lot. This action, according to the Petitioner, constituted contempt of court. Opposite Parties' Contention: The judgment does not record any specific arguments or contentions made by the Opposite Parties regarding the alleged violation of the interim order.
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Cause title — parties, addresses and appearances
ORDER (ORAL) 03.12.2021
1. This matter is taken up through hybrid mode.
The Petitioner had filed W.P.(C) No.21823 of 2020, challenging the Demand Notice dated 24th April, 2020 for payment of awarded amount within a period of seven days and forfeiture of security deposit and royalty amount dated 8th May, 2020 with a further prayer to exempt him from payment of royalty as well as GST for the Crop, 2020. While issuing notice in the said Writ Petition, the Division Bench of this Court vide order dated 5th October, 2020 passed an interim order directing that no third party interest shall be created in regard to the cashew plantation lot in question. Now,
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