Allahabad High Court
M/S Jaglan Thermal Ceramics Pvt. Ltd. vs Sri Ajay Deep Singh, Regional Manager ... on 23 June, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2076 of 2020 Applicant :- M/S Jaglan Thermal Ceramics Pvt. Ltd. Opposite Party :- Sri Ajay Deep Singh, Regional Manager U.P. State Industrial Development Corporation Ltd. Counsel for Applicant :- Nandini Mishra,Maithali Sharan Pipersenia Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri M.S. Pipersenia, learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 11.11.2019 passed in Writ-C No.28073 of 2019 (M/s Jagnal Thermal Ceramics Pvt. Ltd. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"1. Heard learned counsel for the parties.
2. The petitioner has filed the present writ petition feeling aggrieved by the inaction on part of the respondent-U.P. State Industrial Development Corporation Ltd (in short 'UPSIDC') in not making adjustment of deposits (made by the petitioner), lying with it and further recovery being made from the petitioner with respect to the electricity connection provided to it.
3. In the above regard, according to the petitioner, it had made certain advance and other deposits against the electricity connection granted for the factory set up by it on Plot No-6, UPSIDC in the year 2002. Later, the aforesaid factory is claimed to have closed down on 04.03.2015.
4. Having heard learned counsel for the parties, it appears that there is an accounting dispute between them. On one hand, the petitioner claims to have made advance and other deposits which exceed the outstanding dues against it, the respondent-UPSIDC would contend that there are outstanding amount payable by the petitioner.
5. Without entering into the merits of the dispute, at present, it appears, that the interest of justice, would be served, if the petitioner, makes a fresh representation before the respondent no.3-Regional Manager UPSIDC, within a period of two weeks from today, alongwith a certified copy of this order, clearly giving full details of the deposits made and liability admittedly incurred. If such representation is filed within time indicated above, the respondent no.3 shall proceed to pass a reasoned order on such representation and communicate to the petitioner amongst others, the exact reconciliation offered by UPSIDC, of the amount claimed to have been deposited by the petitioner, within a period of two months from the date of such representation being filed.
6. Such order may be communicated to the petitioner in writing, at his address disclosed in the writ petition.
7. For a period of three months from today or till disposal of the representation that may be filed by the petitioner, whichever is earlier, no coercive steps may be adopted by the petitioner with respect to the subject matter of dispute noted above.
8. The writ petition is accordingly disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but 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 four weeks from the date of production of a 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 two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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.
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 :- 23.6.2020 SP/