MANOJ KUMAR AGRAWAL Vs. PURAN CHANDRA GUPTA
LAWS(MPH)-2021-2-59
HIGH COURT OF MADHYA PRADESH
Decided on February 25,2021

MANOJ KUMAR AGRAWAL Appellant
VERSUS
Puran Chandra Gupta Respondents

JUDGEMENT

PRAKASH SHRIVASTAVA,J. - (1.) This contempt petition under Section 12 of the Contempt of Courts Act, 1971 has been filed by the petitioner for initiating the contempt proceedings against the respondent No.1 - 19th Additional District Judge and Commercial Court, Bhopal, who has decided the petitioner's application under Section 34 of the Arbitration and Conciliation Act, 1996 by the order dated 09.01.2021.
(2.) Petitioner present in person submits that the respondent No.1 has committed a contempt by not referring and not following the binding precedents, which were filed by the petitioner along with the written arguments. He further submits that out of 23 precedents filed before the respondent No.1, 17 have not been referred in the order and 06 have not been followed deliberately. In support of his submission, he has placed reliance upon the judgment of the Supreme Court in the matter of Shri Baradakanta Mishra Ex-Commissioner of Endowments Vs. Shri Bhimsen Dixit , 1973 1 SCC 446 and has further submitted that not following the binding precedent amounts to contempt of court.
(3.) We have heard the petitioner in person and perused the record.;


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