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Judgment
Prasanna B. Varale, CJ
This complaint of contempt is founded on the alleged violation of the order of the Coordinate Bench of this Court entered in RPFC No.104/2022 disposed off on 30.06.2022. Learned counsel for the Complainant argues that the non-compliance of such an order amounts to the offence of contempt punishable under Sections 11 & 12 of Contempt of Courts Act, 1971 and therefore, the Accused should be summoned & tried.
Having heard the learned counsel for the parties Complainant and having perused the Complaint papers, we decline indulgence in the matter inasmuch as, sufficient provision has been made in the statutes in question for enforcing the Judgment & Decree/ Order of the kind and therefore, Contempt Jurisdiction cannot be invoked as a matter of course. In a considered decision in CCC No. 1140/2022 between MOHAMMED ABID HUSSAIN vs SYEDA BUSHRA FATHIMA & OTHERS, disposed off on 17.02.2023, we have already taken this view and there is no reason to deviate from the same.
In the above circumstances, this Contempt Petition is disposed off reserving liberty to the Complainant to have recourse for the redressal elsewhere in accordance with law. In that connection, all contentions are kept open.
Costs made easy.