Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6382 of 2019 Applicant :- M/S Surya Construction Company And Another Opposite Party :- Sri Nitin Ramesh Gokaran, Principal Secretary And Another Counsel for Applicant :- Vikram D. Chauhan Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 19.4.2019 passed in Writ C No. 10879 of 2019 filed by the applicants, this Court directed as under:
"We are constrained to hold that the State is acting wholly arbitrarily and illegally in not paying the amounts despite there being no dispute and as such instead of relegating the parties to the remedy of the civil suit as prayed by the learned standing counsel, we deem it proper that the respondents are directed to make the payments to the petitioners-firm as accepted in the letter dated 15.1.2018, within a period of two months along with interest thereon at the rate of 6% per annum from the date of submission of the bills till actual payment/realization. ."
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 two months 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 stamped envelope to the office within three weeks 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 :- 30.9.2019 Arif