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2004 DIGILAW 625 (ALL)

Anandi Deen v. R. K. Tandon

2004-03-19

S.P.MEHROTRA

body2004
ORDER S. P. Mehrotra, J.—The present contempt petition has been filed under Section 12 of the Contempt of Courts Act, 1971. It is, inter alia, prayed that the opposite party be punished for having committed contempt of this Court by flouting the interim order dated 3.7.1991 passed by this Court in Civil Misc. Writ Petition No. 17961 of 1991. 2. The present contempt petition was filed on 2nd April, 1992. 3. On 6th April, 1992, this Court passed the following order on the contempt petition : "List revised. None present. List in the ordinary course." 4. A perusal of the record shows that no order has, thereafter, been passed directing for issuance of notice to the opposite party on the contempt petition. 5. It is thus, evident that no notice has so far been issued to the opposite party on the contempt petition. 6. In the circumstances, I am of the opinion that no useful purpose will be served by directing for issuance of notice to the opposite party now after a lapse of about 12 years since the filing of the contempt petition in the year 1992. 7. There is yet another aspect of the matter. Section 20 of the Contempt of Courts Act, 1971, lays down as follows : "20. Limitation for actions for contempt.—No Court shall initiate any proceedings for 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." 8. In the present case, the contempt is alleged to have been committed by the opposite party in December, 1991, as per the averments made in paragraph 20 of the affidavit accompanying the aforesaid contempt petition. In view of the aforesaid provisions of Section 20, it is not permissible for this Court to initiate any proceedings for contempt against the opposite party in the contempt petition now after a lapse of more than 12 years, since the alleged commission of contempt by the said opposite party in December, 1991. 9. In view of the aforesaid discussion, I am of the opinion that the contempt petition is liable to be dismissed as having become infructuous, and the same is accordingly dismissed.