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Judgment
Prasanna B. Varale, CJ
This complaint alleges violation of the interim order dated 29.01.2021 granted by a learned Single Judge of this Court on I.A.No.1/2018 in his pending R.S.A.No.2039/2018 whereby the respondents have been injuncted from interfering with the ‘suit schedule properties’.
Learned counsel for the Complainant submits that in view of prima facie violation/non-compliance of the subject order of the court, all the accused be summoned and tried for the offence punishable under Sections 11 & 12 of the Contempt of Courts Act, 1971.
Having heard the counsel for the Complainant and having perused the complaint papers, we decline indulgence in the matter inasmuch as the subject ad interim order, if violated it is open to the complainant to take up punitive proceedings as provided under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908.
Ordinarily, contempt jurisdiction under the provisions of the Contempt of Courts Act, 1971 cannot be invoked, as a matter of course, subject to all just exceptions, into which argued case of the Complainant does not fit. Thus, there is an alternate & equally efficacious remedy which the can avail in accordance with law. In that connection, all contentions need to be kept intact. No special circumstances are demonstrated as to why the Complainant should be permitted to invoke the statutory contempt jurisdiction.
In the above circumstances, these proceedings are disposed off with liberty to the Complainant as indicated above.