Allahabad High Court
Govind Prasad Singh And 3 Others vs Gaurav Kumar Srivastava And 2 Others on 18 January, 2021
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Reserved Court No. - 50 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2458 of 2020 Applicant :- Govind Prasad Singh And 3 Others Opposite Party :- Gaurav Kumar Srivastava And 2 Others Counsel for Applicant :- Ranjeet Asthana Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the applicant.
This contempt application has been filed alleging wilful disobedience of the order dated 09.08.2017 passed in FAFO NO.1141 of 2017. This FAFO was directed against the award of the Motor Accident Claims Tribunal. The interim order dated 09.08.2017 passed while entertaining the FAFO was that the decretal amount was deposited within a period of one month. 50% of the amount deposited was to be invested in an interest bearing FDR while the remaining 50% was to be distributed amongst the claimants as per the award.
It is alleged that the deposit was made beyond the period of one month and therefore on account of the delay the interim order lapsed automatically. Despite the order having been lapsed, as it was not complied with within time, the Motor Accident Claims Tribunal, vide order dated 27.05.2019, proceeded in terms of the interim order and did not release the entire decretal amount in favour of the claimants.
The order of the Motor Accident Claims Tribunal may be a wrong or illegal order. However, the same, in my considered opinion, is not an order, which can be said to have been passed in wilful disobedience of the interim order granted by the High Court. Even it, it is contrary to the interim order.
In my considered opinion, the remedy available to the applicant is by challenging the order, in case, it is illegal, as is alleged by the applicant.
Subject to the above, this contempt application fails and is dismissed.
Order Date :- 18.1.2021 RKM