BRIJ LAL AND CO Vs. DALJIT SINGH DHALIWAL

JUDGEMENT

(1.) THE case of the petitioner is that in a civil suit filed in injunction restraining the respondent from cancelling the licence issued in its favour the trial court passed the following order :

(2.) THE grievance of the petitioners is that though this order was extended from time to time yet during the subsistence of the injunction order respondent cancelled the licence of the petitioner by order dated 7. 12. 1995 and therefore he is liable to be punished under the Contempt of Courts Act. The respondent has filed reply and submitted that he had no knowledge of the order dated 15. 9. 1995 and the order of injunction came to his knowledge on 11. 12. 1995 and thereafter he could not take any steps in that behalf as he has no jurisdiction to cancel or revoke the order already passed by him.

(3.) AFTER hearing learned counsel for the parties, I am of the opinion that the respondent is not liable to be punished under the Contempt of Courts Act and this petition deserves to be dismissed. Learned counsel for the petitioner could not by reference to any averment made in the petition or otherwise show that the respondent herein i. e. Chief Agriculture Officer, who passed the order of cancelling the licence was served in the suit or that the order of injunction had been conveyed to him. Learned counsel only submitted that once a counsel has put in appearance, the injunction order is to be assumed in the knowledge of the respondent and therefore, he should be punished. On the consideration of the matter, I find that the contention has no merit. Once it is not shown that the respondent was served and the counsel put in appearance thereafter under his instructions or that the order of injunction was conveyed to him, the knowledge of the order of injunction cannot be attributed to the respondent. Even otherwise in view of the law laid down by this court in Bhalla and Ors. v. Ram Singh and Ors. , 1993 (1) Recent Criminal Reports 674, the petitioner has a remedy to approach the trial Court in proceedings under Order 39 Rule 2-a Civil Procedure Code. In that view of the matter this, petition is dismissed and the rule is discharged. .