Allahabad High Court
Indra Pal Singh vs Sher Bahadur Singh, General Manager on 11 November, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4403 of 2020 Applicant :- Indra Pal Singh Opposite Party :- Sher Bahadur Singh, General Manager Counsel for Applicant :- Sumit Kumar,Neelabh Srivastava Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 05.1.2020 passed in Writ A No.18194 of 2019 filed by the applicant, the Court directed as under:
"In view of the admitted fact that respondent no.3 is liable to pay the gratuity, the present writ petition is allowed, and writ of mandamus is issued to respondent no.3 to pay the amount of gratuity of the petitioner along with 18 % simple interest from the date it is due to the petitioner till the date of the payment within a period of one month from the date of production of certified copy of this order.
The writ petition is, accordingly, allowed.
No order as to costs."
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 Court within six 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 stamped 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 recorded thereof.
The opposite party 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 party 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 petitioners 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 :- 11.11.2020 RKP