Prem Devi W/o. Late Hastimalji v. Babulal S/o. Subalal Mandot
1998-03-16
A.S.GODARA
body1998
DigiLaw.ai
JUDGMENT 1. - Heard Shri N.K. Rastogi and also perused the order dated 16.9.1997 passed in S.B. Criminal Misc. Petition No. 71/94 whereby the Hon'ble Single Judge while dismissing the petition and simultaneously maintaining the impugned order passed by the lower Court has also ordered that the petitioner should produce the compressor before the subordinate Court within 30 days from the date of the order but the grievance of the present petitioner is that even after lapse of 30 days' period, the non-petitioner has failed to produce the compressor before the lower Court and, accordingly, he is liable for commission of wilful contempt of the order of the Court and he be proceeded against accordingly. 2. However, this was a direction to the non-petitioner to have complied with within a period of 30 days and, in case of non-compliance, the learned Magistrate is entitled to proceed to attach his property and get this for subsequent disposal by way of passing appropriate order and, therefore, there is equally efficacious legal remedy available to the present petitioner and, in the event of failure of production by the non-petitioner himself the lower Court is entitled to issue a warrant of attachment of the compressor so as to secure production of the same and thereby ensuring compliance of the order of this Court. But, it hardly warrants initiation of any contempt proceedings and, accordingly, this petition is dismissed in limine. However, it is enjoined upon the lower Court that expeditious legal proceedings for production of the compressor should be taken up without pleading any helplessness, as an excuse.Petition dismissed. *******