Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5980 of 2018 Applicant :- Kamlesh Kumar Srivastava Opposite Party :- Anil Kumar Srivastava Counsel for Applicant :- Anil Kumar Srivastava Counsel for Opposite Party :- Pranjal Mehrotra
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant and Sri Pranjal Mehrotra, learned counsel for the opposite party.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 20.4.2021 passed in Writ A No.10312 of 2018.The operative portion of the order is reproduced hereinbelow :-
"This writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with a direction to the respondent no.3, Managing Director, U.P. Jal Nigam, Lucknow to consider and decide the petitioner's pending representation dated 16.10.2017, Annexure-9 to the writ petition in accordance with law within a period of three months from the date a certified copy of this order is received in his office.
The petitioner shall also provide a copy of the representation dated 16.10.2017 alongwith the certified copy of this order to the respondent no.3.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits."
An affidavit of compliance was filed on behalf of opposite party. It is stated in paragraph 5 of the affidavit that retiral dues of the applicant has already been paid. The details are mentioned in paragraph 3, 4 and 5 of the aforesaid affidavit.
It is argued by counsel for the applicant that certain dues are still not paid to the applicant.
From perusal of the record, Court is satisfied that the order passed by the Writ Court has been complied with. However, in case applicant is still aggrieved and is of the view that certain dues were not paid, he is at liberty to file fresh representation along-with copy of this order within a period of three weeks from today before the opposite party.
If such a representation is made within time stipulated hereinabove, opposite party will decide the same expeditiously and preferably within a period of four months, thereafter.
Accordingly present contempt application is disposed of.
Order Date :- 12.8.2021 Pramod Tripathi