(Per : HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) By our order dated 28th August 2012, we directed the respondent to pay an amount of Rs.1,00,000/- to the present applicant within two weeks from that date in execution of the order dated 22nd March 2012 passed by the Supreme Court of India by which the Supreme Court, while dismissing the Special Leave Application preferred by the respondent against the order dated 14th October 2011 passed by this High Court in Writ Petition [PIL] No. 129 of 2011, imposed costs of Rs.1 lakh upon the present respondent to be paid within three weeks from that date with liberty to the Gujarat State Legal Services Authority to realize the said amount.
On 15th June 2012, when the application was first moved, we were prima facie satisfied that the Gujarat State Legal Services Authority was entitled to realize the amount by way of execution through this Court as inspite of specific directions given by the Supreme Court, the amount had not been paid and the time for making the payment had already expired. We, accordingly, issued notice upon the respondent, the original writ-petitioner, making it returnable on 5th July 2012. Initially, the service of notice could not be effected within the returnable date but subsequently, the service was effected upon the respondent on 8th August 2012.
On 13th August 2012 when the matter came up for hearing, we decided to fix the hearing of the application after two weeks because of the fact that notice had been served upon the respondent only on 8th August 2012.
In spite of such direction, none appeared on behalf of the respondent on 28th August 2012, and as such, we directed the respondent to pay the said amount of Rs.1 lakh to the present applicant within two weeks from that date and fixed the matter on 18th September 2012 for reporting compliance of our order.
It appears that the respondent, on 18th September 2012 at about 9.00 AM, by email addressed to the learned Registrar General of this Court requested this Court to fix another date for hearing for reporting compliance nearly a month from that date and that the same should be intimated to him so that he can make suitable travel arrangements to reach this Court. The above fact indicates that the respondent is keeping watch upon this proceedings either through the website of this Court or otherwise.
Consequently, the Registry of this Court placed before us the aforesaid letter of the respondent received through email on 24th September 2012 when we directed that the matter should appear today.
After going through the aforesaid materials on record and also taking into consideration the various orders passed by this Court in this proceedings, we are convinced that the respondent is taking deliberate dilatory tactics to avoid payment of the costs awarded by the Supreme Court of India.
This Court being an executing court, there is no scope of reopening the matter on merits as prayed for by the respondent in the email addressed to the learned Registrar General. We are only concerned with the execution, discharge and satisfaction of the order of payment of costs imposed by the Supreme Court.
As till today the amount of Rs.1 lakh has admittedly been not paid, we direct the respondent to remain present in person on the next date and to affirm an affidavit before this Court within a fortnight from today disclosing the details of his movable and immovable properties including Bank Accounts. We restrain the respondent from transferring, alienating or encumbering any of his immovable properties and we also restrain the respondent from withdrawing any amount from any of his Bank Accounts without leaving Rs.1 lakh in such account. We also give further opportunity to the respondent to pay the amount of Rs.1 lakh within a fortnight from today. If the amount of Rs.1 lakh is not paid within a fortnight from today, we will be compelled to pass necessary orders for realisation of the amount by other available modes prescribed by law.
We do not approve the step taken by the respondent of writing letters to the learned Registrar General of this Court through email when he is required to appear before this Court either in person or through any lawyer. Similarly, there is no question of communicating him the date of hearing as the Notice is already served on the respondent and our orders are available in the website of this High Court.
Let the matter appear on 10th October 2012 for compliance of the directions contained herein.
[BHASKAR BHATTACHARYA, C.J.] mathew [J.B.PARDIWALA. J.]