Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2696 of 2021 Applicant :- M/S Shri Man Narayan Polytax Pvt Ltd Opposite Party :- Subodh Kumar Pandey Authorized Officer Counsel for Applicant :- Virendra Kumar Kori
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 order dated 12.01.2021 passed in Writ Petition No.5546 of 2020 (M/S Shri Man Narayan Polytax Pvt Ltd Vs. Allahabad Bank). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioner and Sri Habib Ahmad, learned counsel for the respondent bank.
Instant writ petition has been filed with the following reliefs :
"a- Issue a writ, order or direction in the nature of mandamus directing the respondent Bank to refund the sale proceed of Rs.17.00 lacs together with interest @18% per annum with monthly rest from the date of deposit till payment.
b- Issue a writ, order or direction in the nature of mandamus restraining the Bank from receiving any compensation from the Highway Authority.
c- .........
d "
Learned counsel for the petitioner submits that the sale certificate has been issued by the bank in favour of the petitioner on 6.2.2017 but till date possession has not been handed over though the entire money has been deposited by the petitioner as is evident from the sale certificate itself. He further submits that since the bank has not handed over the possession of the mortgaged property, therefore, the bank may be directed to return the money to the petitioner. In this regard, the petitioner has also moved a representation before the bank on 14.11.2019 but till date the same has not been decided by the bank.
Learned counsel for the respondent bank submits that some reasonable time may be allowed to the bank to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without entering into the merit of the case, the writ petition is disposed of with the liberty to the petitioner to file a fresh representation before the respondent bank within two weeks from today. In case any such representation is filed, the same shall be considered and decided by the bank by means of a reasoned and speaking order within a period of six weeks from the date of filing of the representation."
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 willfully 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 four 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 applicant 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 :- 28.7.2021 saqlain