Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4504 of 2019 Applicant :- M/S Om Construction Company Opposite Party :- Awadhesh Kumar, Superintending Engineer, I.C.D.
Counsel for Applicant :- Lallan Verma Hon'ble Mahesh Chandra Tripathi,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 13.05.2019 passed in Writ Petition No.16341 of 2019 (M/s Om Construction Company v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"This writ petition, inter alia, has been filed for the following relief:
"Issue a writ, order or direction in the nature of mandamus directing to the respondents to release the rest amount of Rs. 29,59,104/- (as per bond) which is payable to the petitioner from the concern authorities in lieu of the work done by the petitioner as Yarpur Rajwaha 5 K.M. to 7.5 K.M. situated at Lower Khand Eastern Yamuna Canal, Muzaffar Nagar with interest of 18% per annum forthwith."
Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.
The petitioner had earlier approached this Court by means of a Writ Petition No. 16512 of 2018 and this Court, inter alia, passed the following order on 8.5.2018.
"In view of the finding given by the Committee aforesaid, a dispute is existing between the parties and for settling such disputes remedy is prescribed under clause 34 of the agreement executed between the parties. A copy whereof is shown to us by learned counsel for the petitioner during the course of argument. As per clause aforesaid, all disputes in respect of the contract arising between the contractor and the department shall be referred to the next higher authority to the officer entering into the contract.
In the case in hand, the contract was executed by the Executive Engineer as such the petitioner is required to prefer an application for reference of the dispute as per clause 34 to the next higher authority in the department.
In view of the remedy provided in the agreement, we are not inclined to interfere in the matter while invoking the power under Article 226 of the Constitution of India."
A perusal of the order dated 8.5.2018 shows that this Court while passing the said order has observed that the petitioner has a remedy under clause 34 of the agreement/contract to file an application before the next higher authority of the concerned department. In pursuance of the said order, the petitioner approached the Superintending Engineer, ICD, Saharanpur, Respondent No. 3 but till date no order has been passed on his application.
Considering the facts and circumstances of the case, the Respondent No. 3, Superintending Engineer, ICD, Saharanpur is directed that in case if he has not yet passed any order in the matter in consonance with the Clause 34 of the agreement/contract, he shall pass order positively within a period of two weeks' from the date of receipt of a certified copy of this order.
We make it clear that we have not entered into the merits of the claim being made by the petitioner and the same shall be decided by the authority concerned on its own merits.
With this observation, this writ petition stands finally disposed of."
Learned counsel for the applicant submits that a certified 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 two weeks from the date of production of a certified 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 one week 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.
Order Date :- 25.7.2019 SP/