Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1609 of 2018 Applicant :- M/S Bansal Agro Farm And Another Opposite Party :- Pradeep Agrawal, Superintending Engineer ( Power Corporation Division) And Another Counsel for Applicant :- Vashishtha Tiwari Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants.
This petition alleges contempt committed by the opposite parties by issuance of a recovery certificate. The recovery certificate has itself been issued on the allegation that the applicant has failed to pay dues due to the Corporation. The sole submission advanced in support of this petition is with reference to Clause (v) of the interim order dated 22 February 2013 which reads thus:
"(v) The issue in respect of balance payment and other facts, as has been detailed in the writ petition, is to be decided after getting the counter affidavit from the respondents."
In the considered opinion of this Court, the said clause does not act as a restraint on the opposite parties from proceeding to recover dues of the Corporation. All that was observed by the Court was that the issues raised by the applicant in respect of balance payment would be decided after obtaining a response from the respondents.
The petition is misconceived and is accordingly dismissed.
Order Date :- 28.3.2018 Arun K. Singh