LAWS(KAR)-2011-4-16

ORANGE COUNTY RESORTS AND HOTELS LIMITED Vs. JUSTICE RETD M KARPAGA VINAYAGAM

Decided On April 21, 2011
ORANGE COUNTY RESORTS AND HOTELS LIMITED, BANGALORE COMPLAINANT Appellant
V/S
JUSTICE (RETD) M. KARPAGA VINAYAGAM Respondents

JUDGEMENT

(1.) This contempt petiton is filed alleging that the Respondents to this proceedings have willfully disobeyed the lawful order passed by this Court on 18.11.2010 in W.P.27883/2010. In the said order, this Court reserved liberty to the complainants to challenge the impugned order in the writ petition. Further, it was made clear if the complainant files an appeal within four weeks from the date of the order before the appellate authority, the appellate authority was directed to receive the same without raising objection as to the limitation and dispose of the matter on its merits in accordance with law.

(2.) The grievance of the complainant in this petition is inspite of the aforesaid positive direction to the appellate authority, the tribunal refused to entertain the appeal without an application for condonation of delay. The grievance is that the tribunal presided by a Retired Chief Justice of a High Court has willfully disobeyed the lawful order passed by this Court.

(3.) Therefore, notice was issued to the Respondents who are the chairperson and member of the appellate tribunal.