Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3223 of 2019 Applicant :- Rishabh Kumar Goyal Opposite Party :- Kinjal Singh, Secretary And Another Counsel for Applicant :- Ashok Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 18.2.2019 passed in Writ C No. 1289 of 2019 filed by the applicant, this Court has proceeded to observe as under:
"The grievance of the petitioner is that he is entitled for 5% rebate in cost of flat, as he had deposited the entire cost of flat within time.
We had asked learned counsel for the Development Authority to obtain the instruction. On the instruction, he submits that the petitioner is not entitled 5% rebate as he has not deposited the entire amount within the stipulated period and there is delay in depositing the amount. Be that as it may, at present, according to the respondent-authority, the petitioner is liable to deposit of Rs. 60,000/-.
Taking into consideration the entire facts and circumstances, we provide that if the petitioner deposits Rs. 60,000/- within a month under protest the same shall be accepted by Kanpur Development Authority and shall execute the sale deed in favour of the petitioner, if there is no other legal impediment. The deposit made by the petitioner shall be subject to the decision of the writ petition.
It is made clear that if the writ petition is allowed, the respondent no. 2, Kanpur Development Authority shall refund the amount in question alongwith interest, which shall be determined at the time of hearing of the case.
Learned counsel for the respondent no. 2 is granted six weeks' time to file counter affidavit.Learned Standing Counsel may also file counter affidavit within the said period. Rejoinder affidavit, if any, may be filed within ten days thereafter.
List after expiry of the aforesaid period, showing the name of Sri Anoop Singh as counsel for the respondent. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the writ Court within three 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 party and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 party within the stipulated time as aforementioned.
Order Date :- 30.5.2019 A.K.Srivastava