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Vijay Printers vs K.R. Meena, Chairman Cum Md , Delhi State ... on 23 January, 2017

Bench: Kurian Joseph, A.M. Khanwilkar

                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL ORIGINAL JURISDICTION


                              CONMT.PET.(C) NO. 924/2016 IN C.A. NO. 2179/2010

                         VIJAY PRINTERS                                                PETITIONER(S)
                                                                VERSUS

                         K.R. MEENA, CHAIRMAN CUM MANAGING DIRECTOR,
                         DELHI STATE INDUSTRIAL AND INFRASTRUCTURE
                         DEVELOPMENT CORPORATION LTD                  RESPONDENT/
                                                                   ALLEGED CONTEMNOR

                                                          O R D E R

KURIAN, J.

The petitioner is aggrieved by the letter dated 30.12.2015 whereby he has been asked to deposit a further amount of Rs.3,85,197/-. According to the petitioner, the same is in violation of the order dated 16.2.2010 passed by this Court in C.A. No.2179 of 2010. But it is seen that pursuant to the said letter dated 30.12.2015 the petitioner has remitted the amount and has obtained possession as well.

2. Be that as it may, in case the demand is not otherwise justified, it is always open to the petitioner to pursue his grievance in appropriate proceedings and not by way of contempt petition.

3. However, in order to avoid multiplicity of proceeding, we permit the petitioner to file a representation before the Divisional Manager of the Delhi State Industrial & Infrastructure Development Corporation Limited within a period of one month from today. In case, such representation is filed, the Divisional Manager/Competent Authority shall consider Signature Not Verified the same, on its own merits, afford an opportunity Digitally signed by NARENDRA PRASAD Date: 2017.01.25 17:31:45 IST for hearing to the petitioner and thereafter pass a Reason: speaking order.

4. The needful, as above, shall be done within a period of three months from the date of filing the representation.

5. Subject to the above, the contempt petition is dismissed.

6. Pending application(s), if any, shall stand disposed of.

.......................J. [KURIAN JOSEPH] .......................J. [A.M. KHANWILKAR] NEW DELHI;

JANUARY 23, 2017.

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ITEM NO.20                 COURT NO.7                 SECTION XIV

                 S U P R E M E C O U R T O F      I N D I A
                         RECORD OF PROCEEDINGS

CONMT.PET.(C) NO. 924/2016 IN C.A. NO. 2179/2010 VIJAY PRINTERS PETITIONER(S) VERSUS K.R. MEENA, CHAIRMAN CUM MANAGING DIRECTOR, DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD RESPONDENT/ ALLEGED CONTEMNOR (with office report) Date : 23/01/2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Ritin Rai,Adv.

Ms. Meera Mathur,Adv.

For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The contempt petition is dismissed in terms of the signed order.

(NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed order is placed on the file) 3