Allahabad High Court
M/S Mahaveer Trading Compnay vs Hemlata Jaiswal, Assistant ... on 1 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6489 of 2019 Applicant :- M/S Mahaveer Trading Compnay Opposite Party :- Hemlata Jaiswal, Assistant Commissioner (S.I.B.), Commercial Tax And Another Counsel for Applicant :- Pooja Talwar Hon'ble Mahesh Chandra Tripathi,J.
Heard Ms. Pooja Taklwar, learned counsel for the applicant.
By order dated 8.8.2019 passed in Writ Tax No.906 of 2019 filed by the applicant, the Court directed as under:
"The goods of the petitioner have been seized in the godown on the basis of certain alleged irregularities found in the documents.
Learned Special Counsel prays for is granted one month's to file counter affidavit.
List this matter on 09.09.2019.
In the meantime, subject to deposit of security other than cash or bank guarantee or in the alternative accept an indemnity bond, equal to the value of tax and penalty, if any, to the satisfaction of seizing authority, the goods of the petitioner along with the vehicle may be released forthwith."
Learned counsel for the applicant apprises to the Court that in response of the interim order dated 8.8.2019, which was corrected on 20.8.2019, the applicant firm had already submitted indemnity bond equal to the value of tax and penalty but till now the godown in question has not been desealed. 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 ten days 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 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 parties within one week thereafter and keep a recorded thereof.
The opposite parties shall comply with the directions of the writ court and intimate him 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 :- 1.10.2019 RKP