Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3945 of 2021 Applicant :- M/S Laxmi Construction Through Its Proprietor Opposite Party :- Vikash Sain, Executive Officer, Nagar Palika Parishad Counsel for Applicant :- Sunil Kumar
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the judgement and order dated 19.07.2021 passed in Writ C No.8713 of 2021, which for ready reference is quoted as under:-
"The petitioner herein is a registered firm, who had entered into an agreement with the respondent nos. 2 and 3 for installation of high mast pole with LED lighting system in the jurisdiction of Nagar Palika Parishad, Pilkhuwa, District Hapur. The agreement dated 06.11.2019 had been appended in the present writ petition. The prayers made in the writ petition are as follows:-
"(i) to issue a writ, order or direction in the nature of Mandamus directing the respjondent nos. 2 & 3 to pay the bill amounting Rs. 56,74,350/- to the petitioner towards the installation of the high mast pole with LED Flood lighting system at Nagar Palika Parishad, Pilkhuwa, District-Hapur.
(ii) to issue a writ, order or direction in the nature of Mandamus directing the respondent no. 3 to decide the representation of the petitioner dated 4.2.2021 (Annexure No. 10 to the writ petition) within stipulated period."
It is contended that the representation dated 04.02.2021 has been moved before respondent no. 3 for payment of dues for the work done by the petitioner under the aforesaid agreement.
Considering the above without entering into the merit of the claim of the petitioner, the writ petition is being disposed of with the direction to respondent no. 3 to consider the claim of the petitioner for payment and make the necessary payment as early as possible. In case, any dispute regarding claim of the petitioner arises, it would be incumbent upon the respondent no. 3 to pass a reasoned and speaking order accordingly. In any case, the entire exercise has to be completed within a period of one month from the date of receipt of a copy of this order. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within three weeks from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.9.2021 Pramod Tripathi