Uttarakhand High Court

CLCON/285/2002 of M/S SUNTEX LAMPS PVT LTD Vs MOTI RAM YADAV and ORS on 7 December 2002

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Misc. Contempt Petition No. 285 of 2002 M/s Suntax Lamps Private Ltd. …………. Petitioner Versus Moti Ram Yadav and another. ………… Opp. Parties. ………………………. Hon’ble P.C.

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Civil Misc. Contempt Petition No. 285 of 2002

M/s Suntax Lamps Private Ltd. …………. Petitioner

Versus

Moti Ram Yadav and another. ………… Opp. Parties. ……………………….

Hon’ble P.C. Verma, J. Hon’ble M.M. Ghildiyal,J.

Heard Sri Manish Goyal, learned counsel for the petitioners.

This contempt petition has been filed by the petitioners alleging disobedience of the order passed by this Court dated 06.05.2002, operative portion of which reads as under:- “In the meantime, the respondent No.2 shall decide the representation of the petitioners dated 16.03.2002, contained in Annexure No.1 and Annexure No.6 to this writ petition, and the U.P.F.C. shall also proceed in such a manner which may take the unit viable.”

After the aforesaid order, the respondent no.2 – Regional Rehabilitation Committee held a meeting on 8[th] August, 2002 and the Committee has found that the Industry is not sick and vide its resolution recorded the minutes, contained in Annexure No.5 to the writ petition, that the process to give benefit to the unit under the one time settlement is going on.

Since the order has been passed after the order was passed by this Court, holding that the Industry is not sick, therefore there was no question of any decision relating to rehabilitation of the unit. Thus, in our opinion, there is no disobedience on the part of the respondents in not complying the order dated 06.05.2002.

Therefore, the contempt petition is dismissed. No order as to costs.

07.12.2002(M.M. Ghildiyal, J.) (P.C. Verma, J.) P.Singh

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