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2015 (1) TMI 1439 - HC - Indian LawsContempt petition - wilful disobedience of the order passed - appellant submitted that admittedly, the appellant was not a party to the order passed, there is neither a wilful disobedience nor non compliance of the order passed - HELD THAT:- Admittedly, the appellant was not a party to the order passed. There is no difficulty in appreciating the principle of law that a contempt would lie even against the person, who is not a party to the order alleged to have been violated. However, in the case on hand, the appellant has not violated the order passed. In other words, the order passed was based on a misrepresentation, for which, the appellant cannot be held responsible. He merely made an attempt to remedy the mistake committed on registering the complaint said to have been given by the first respondent. In other words, the appellant made an attempt to comply with the order passed though he was not a party to it. Such an attempt cannot be termed as wilful or deliberate and contravention of the said order. In such view of the order, it can also be termed either as a civil or criminal contempt. He has not interfered with the flow of justice. Though it can be said that the approach of the appellant is over zealous, it cannot be termed as an act in violation of the order passed. The appellant may be wrong in his conclusion for which, the remedy for the first respondent lies elsewhere. The submission made by the learned Senior Counsel appearing for the first respondent on the non compliance of the provisions of the Original Side Rules has got no bearing on the contempt petition. But, the appellant has complied with the order passed. In any case, the said issue cannot be a ground to haul the appellant for a contempt. The first respondent has not proved a wilful and deliberate violation of the order passed on the part of the appellant. The learned single Judge has also not given any specific findings on the same. Though certain procedural irregularities were pointed out, we are not concerned with this in these proceedings - the order passed in contempt petition is hereby set aside.
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