Orange Uravakonda Wind Power Pvt. Ltd. vs. Sri Er. H. Haranatha Rao
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Battu Devanand
Listed On:
22 Dec 2022
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Order Text
THE HON'BLE SRI JUSTICE BATTU DEVANAND
CONTEMPT CASE No.3447 of 2022
ORDER :
This contempt case has been filed against the respondent complaining willful disobedience on the part of the respondent in implementing the order dated 23.08.2018 passed in IA No.1 of 2018 in WP No.29877 of 2018.
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Heard Sri P. Veera Reddy, learned senior counsel, representing Sri Mr. Avinash Desai, learned counsel for the petitioner and Sri V.R. Reddy Kovvuri, learned standing counsel for the respondent and perused the record.
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Learned senior counsel contends that violation of the Court orders by the respondent is a continuous wrong and as such this contempt case is filed within the time prescribed under Section 20 of the Contempt of Courts Act, 1971 (for short 'the Act').
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Without going into the merits of the case, in the considered opinion of this Court, this contempt case can be dismissed on the ground of limitation.
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Section 20 of the Act, provides as extracted hereunder:
"Section 20 - Limitation for actions for contempt:- No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."
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On careful perusal of the language used in Section 20 of the Act is that no court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.
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This contempt case has been filed on 12.09.2022, complaining non compliance of order dated 23.08.2018 in I.A.No.1 of 2018 in WP No.29877 of 2018, which is beyond the time stipulated under Section 20 of the Act. In our considered opinion, this contempt case is time barred and accordingly, the contempt case, is dismissed. No order as to costs.
As a sequel, miscellaneous applications pending in this contempt case shall stand closed.
___________________ BATTU DEVANAND, J
Date: 22.12.2022 BSS
THE HON'BLE SRI JUSTICE BATTU DEVANAND
CONTEMPT CASE No.3447 of 2022
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Date: 22.12.2022