Dadhichi Iron And Steel PVT. LTD. vs. Ms. Sushma Bara
Facts
The petitioner, Dadhichi Iron & Steel Pvt. Ltd., filed a contempt case (Civil) No. 1033 of 2019 before the High Court of Chhattisgarh at Bilaspur against Ms. Sushma Bara, Assistant Commissioner, Circle-4, Raipur. The contempt petition was filed concerning an order dated 22.10.2019 passed in WPT No. 130/2019. The petitioner's counsel submitted that the order in question has since been complied with by the respondent.
Held
The Court held that since the order dated 22.10.2019, which was the subject of the contempt petition, has been complied with by the respondent, the contempt proceedings are no longer necessary. The Court reasoned that the purpose of a contempt petition is to enforce compliance with a court order, and once compliance is achieved, the petition loses its efficacy. Therefore, the contempt petition stands disposed of. No specific findings were made on the merits of the original order or the alleged non-compliance prior to the eventual compliance.
Key Issues
1. Whether the contempt petition is maintainable given the compliance with the order dated 22.10.2019 passed in WPT No. 130/2019? Petitioner's Argument: The petitioner argued that the contempt petition was filed due to non-compliance with the previous order. However, upon compliance being made, the contempt petition should be disposed of. Respondent's Argument: The judgment records no specific argument from the respondent. The case proceeded based on the petitioner's submission regarding compliance.
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONTEMPT CASE (CIVIL) NO. 1033 OF 2019 Dadhichi Iron & Steel Pvt. Ltd., through Miss. Jyoti Sharma, D/o Shri Deepak Kumar Sharma, aged about 28 years, R/o A-19, Sector Shankar Nagar, Raipur, District Raipur (CG), Branch Head Dadhichi Iron & Steel Pvt. Ltd., A 17 and 18, Transport Nagar, Bilaspur Road, Rawa Bhanta, near Banjari Mandir, Raipur (CG) … Petitioner versus Ms. Sushma Bara, Assistant Commissioner, Circle-4, Raipur, Office of Commissioner, State Tax (CGST), Division IV, Raipur, District Raipur (CG) … Respondent For Petitioner : Mr. Rahul Tamaskar, Advocate. Hon'ble Shri Justice P. Sam Koshy Order on Board 27/11/2019
Counsel for the Petitioner submits that the order, against which the present contempt petition has been filed, that is, the order dated 22.10.2019 passed in WPT No. 130/2019, has since been complied with.
Accordingly and in view of above, the present contempt petition stands disposed of. (P. Sam Koshy) /sharad/ JUDGE
The judgment continues below.
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Reproduced from the public record of the Chhattisgarh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.