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M/S MODI SPINNING & WEAVING MILLS COMPANY LTD. THRU' M.D. versus SAUMYA SRIVASTAVA, S.D.M. MODINAGAR & ANOTHER

High Court of Judicature at Allahabad

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M/S Modi Spinning & Weaving Mills Company Ltd. Thru' M.D. v. Saumya Srivastava, S.D.M. Modinagar & Another - CONTEMPT APPLICATION (CIVIL) No. - 3748 of 2007 [2007] RD-AH 16876 (25 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon. Dilip Gupta, J.

This Contempt Petition has been filed for alleged violation of the order dated 4th December, 1984 passed by this Court in Writ Petition No.16835 of 1984 and for disregarding the order dated 12th March, 2007 by which the writ petition which had earlier been dismissed in default on 28th November, 2003 was restored back to the original number on payment of cost of Rs.500/-.

A perusal of the order dated 4th December, 1984 passed in the aforesaid writ petition indicates that the operation of the orders dated 31st May, 1983 and 12th October, 1984 that declared the petitioner as an unauthorised occupant and for its eviction was stayed by this Court. This petition was dismissed in default, as pointed out above, on 28th November, 2003. It is after the dismissal of the petition that the possession was taken by the respondents. Therefore, in such circumstances, it cannot be said that there is any willful disobedience of the order passed by this Court.

The petitioner may, if so advised, move an application in the pending writ petition for restoration of possession.

The Contempt Petition is, accordingly, dismissed.

Date: 25.10.2007

GS-Cont.-3748-07


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