Decided on August 06,1999

Robkar Appellant
Ab Razaq Bhat Respondents


- (1.) THIS Civil reference has been made by the learned Additional District Judge, Srinagar with the following observations: - .....that in the facts and circumstances of the case Abdul Razaq Bhat has prima -facie committed civil contempt  within the meaning of section 2 (b) of the Jammu and Kashmir Contempt of Courts Act, 1997 by having made willful breach of the undertaking given in this court and apart from that has also made willful disobedience of several orders given in the judicial proceedings passed by this court and the Honâ„¢ble High Court, as referred to above. 
(2.) IN the end he has recommended suitable punishment for the above stated contemner.
(3.) THE relevant facts of the case briefly stated are as under: - On October 03, 1996, Civil 1st Appeal No: 95/1986 was decided by this court and the contemner was directed to deposit an amount of Rs. 1,76.432.99 along with interest at the rate of 4% per annum within a period of six weeks, failing which he was required to pay the interest at the bank rate. This order was challenged in an appeal -1 (L.P.A. No: 02/1996), which was dismissed on 05 -03 -1998. The contemner did not comply with the order and the learned Add District Judge, Srinagar initiated the execution proceedings. Earlier to it, the Addl District Judge, Srinagar vide his order dated 07 -12 -1996 had attached the land of the contemner measuring 1 kanal and 5 marlas which order had been challenged in Revision petition No: 86/1996, which was dismissed on 10 -07 -1997. The learned Single Judge of this court, while disposing of the said Revision petition, had said: - The net result of all the orders as I feel is that money must be recovered and the reference must be decided after recovering the money the interse claims and apportionment of amount of compensation can be decided.  The direction was not complied, but to gain time, an interim order of the trial court was challenged by filing Revision petition No: 70 of 1997, which was decided on 26 -09 -1997 with the following observations: - Learned Addl. District Judge is directed that he shall go ahead with the recovery proceedings and sale proceeds/auction of the properties, both moveable and immoveable, whatever has been attached to recover the amount along with interest at the Bank rate from 11 -08 -1986 and in case any amount is left out, the other properties be also attached and put to auction and sale till the amount along with prevalent bank rate is realised as per orders passed by the learned Single Judge dated 03 -10 -1996.  ;

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