Court Liquidator Employees' Association v. P. G. Mankad, Contemnor

Court Liquidator Employees' Association v. P. G. Mankad, Contemnor

(Supreme Court Of India)

Contempt Petition (Civil) No. 262 Of 2000 In Ca No. 5642 Of 1994 | 30-10-2000

Heard learned counsel for the applicants.

We find on the facts and circumstances of the case that no contempt is made out.

This Court while disposing of the petition observed :

"In other words, we stay the operation of the judgment of the High Courts under appeal and the order in Writ Petition (C) No. 473 of 1988 for a period of six months to enable the appellants to frame the scheme as suggested above and to give effect to it, failing which the judgments under appeal and the order in WP (C) No. 473 of 1988 will stand confirmed." *

In the present case the grievance of the applicant is that in spite of the observation of this Court the scheme has not been framed within the stipulated period nor has absorption taken place. But looking to the aforesaid quoted portion this Court clearly observed that in case they fail to frame such scheme the impugned High Court order will stand confirmed. Accordingly, the proper remedy for the applicants is to approach the High Court rather than initiating contempt of this Court.

With the aforesaid observation the contempt petition is dismissed.

Advocate List
Bench
  • HON'BLE JUSTICE A. P. MISHRA
  • HON'BLE JUSTICE DORAISWAMY RAJU
Eq Citations
  • (2002) 10 SCC 477
  • LQ/SC/2000/1530
Head Note

Constitution of India — Arts. 129 and 142 — Contempt of Court — Dismissal of contempt petition — Dismissal of contempt petition on facts and circumstances of the case — Proper remedy for applicants is to approach the High Court rather than initiating contempt of Supreme Court — Contempt petition dismissed