Tuesday, June 23, 2015
My response to the queries of Mr B R Mehta is follows:
Q 1. L.I.C did not deposit the correct amount in Jaipur High Court despite a clear direction by Supreme Court and best possible efforts by Sh KML Asthana could not change LIC's faulty calculations and hence nothing concrete happened in this regard. Will it have any impact upon contempt proceedings still going on at Chandigarh High Court?
A. The contempt proceedings going on at Chandigarh High Court has nothing to do with what happened at Jaipur. The Court can be expected to examine the contempt charge strictly with reference to the implementation of its own order and based on the materials produced before it by the petitioners and not be influenced by the facts and circumstances in any other case decided by another High Court. The similarity of the issues before two different High Courts need not necessarily lead to identical outcomes. So Jaipur outcome in the contempt proceedings will not impact Chandigarh outcome per se.
Q 2.My next query is whether dismissal of Contempt Petition against LIC at Jaipur High Court can have any impact upon contempt proceedings at Chandigarh High Court?
A. I do not think so. It should be remembered that the Contempt Petition at Jaipur was dismissed as withdrawn with liberty to the petitioner to seek clarification from the same court. It was not dismissed on merits. So there is no question of its impact on Chandigarh HC proceedings.
The above replies to the queries are not legal opinions, but only my personal views and based on what I consider logic and common sense.
Greetings.
C H Mahadevan