Gauhati High Court
Mrs. Bandana Sarma vs Ms. Shahla Rehman And 2 Ors on 29 March, 2019
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/4
GAHC010108502016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C) 161/2016
1:MRS. BANDANA SARMA
PROPRIETOR, HAWAKS LABORATORY, HOUSE NO. 101, BATAHGHULI,
PANJABARI, P.O.- PANJABARI, GHY- 37.
VERSUS
1:MS. SHAHLA REHMAN and 2 ORS.
THE MANAGING DIRECTOR, ASSAM SMALL INDUSTRIES DEVELOPMENT
CO-OPERATION LTD., GHY- 21.
2:RATHINDRA BHUYAN
THE DIRECTOR OF HEALTH SERVICES
ASSAM
P.O.- HENGRABARI
GHY- 36.
3:SAMIR KUMAR SINHA
THE PRINCIPAL SECRETARY H and FW
HEALTH and FAMILY WELFARE DEPTT.
GOVT. OF ASSAM
C.M. BLOCK
3RD FLOOR
ASSAM SECRETARIAT
DISPUR
GUWAHATI-6
Advocate for the Petitioner : MSS CHANGKAKATI
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
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ORDER
Date : 29-03-2019 Heard Mr. S. Dutta, learned counsel for the petitioner as well as Mr. P.N. Goswami, learned counsel for the respondent No.1 and Mr. D. Saikia, learned Senior counsel assisted by Ms. N. Bordoloi, learned counsel for the respondent No.2.
2) By this contempt petition, the petitioner has alleged non-compliance of order dated 05.05.2015 passed by this Court in WP(C) 907/2015. The said writ petition was filed for an order to enforce the award passed on 19.12.2006 by the Industries Facilitation Council. This Court taking note of some adjustment made on account of payment made to the petitioner, had held that the existing award had attained finality, as such, the respondent cannot absolve itself from the liability of implementing the same. Accordingly, direction was issued to the Government of Assam, more particularly to the Department of Health to implement the remaining part of the award as expeditiously as possible, preferably within 4(four) months.
3) By referring to the additional affidavit filed by the respondent No.2 on 26.02.2019, the learned Senior counsel for the respondent No.2 has submitted that to facilitate payment of all the bills payable to the petitioner, various amounts were disbursed to the ASIDC by the Joint Director of the Health Services.
4) Upon instructions, the learned Senior counsel further submits that as the respondent No.2 is facing the present contempt proceeding, the respondent No.2 by an affidavit filed on 30.01.2019, has undertaken to deposit the sanctioned amount of Rs.42,07,465/- in the Registry of this Court till finalization of the verification, prior to expiry of validity of the ceiling i.e. 03.02.2019.
5) In this regard he further submits that this Court by order dated 30.01.2019, had issued direction to protect the interest of the petitioner, by ordering that the validity of the FOC for the aforesaid amount of Rs.42,07,465/- shall stand extended and not lapse on 03.02.2019. Accordingly, he submits that the said order was communicated to the Health Department and, as such, they would be bound by the said order of this Court. He further submits that according to the records of the Health Department as the requisite sum was already made available to the ASIDC, the said matter is also required to be simultaneously Page No.# 3/4 inquired into, because it would mean to double the payment of the same amount by the Health Department.
6) As regard the stand of the learned counsel for the respondent No.1 it is submitted that as per their records a sum of Rs.1,22,877/- has already been paid to the petitioner and his further stand is that out of the various bill amounts reflected in the affidavit of the respondent No.2 filed on 26.02.2019, the said money against those bills are not received by the ASIDC.
7) In respect of the said submissions, the learned counsel for the petitioner submits that the amount stated to have been paid to the ASIDC was prior to the award being passed and therefore, upon mutual consent of both sides, the award of payment had been passed and therefore, ASIDC is not entitled to adjust any other amount that might have been paid prior to the date of the award.
8) This Court has taken note of the submissions made by the learned counsel for the petitioner that the original award was for Rs.1,75,490/- along with the interest, being Rs.1,91,284/- inclusive of Tax and Commission of ASIDC Ltd., out of which the petitioner was entitled to Rs.1,75,490/- and that the said amount along with the interest accrued thereon has now multiplied to Rs.42,07,465/- as in the year 2015-16.
9) In this contempt jurisdiction, although this Court is not required to go into the inter se dispute between the respondents, but the Court is only required to see whether there was a willful and deliberate non-compliance of the order dated 05.05.2015.
10) Nonetheless, as the issue of projected double payment of money by the Health Department has cropped up, this Court is inclined to direct the Managing Director of the ASIDC and the Director of Health Services, Assam to have a joint meeting to sort out such differences regarding money paid to the ASIDC Ltd., by the Health Department. The first round of such meeting shall invariably held on or before 10.04.2019. It is left open to both the said authorities to have subsequent joint meetings thereafter as per their convenience. However, it is made clear that any differences between the said 2(two) authorities should be effectively determined within 26.04.2019. Thereafter, the said authorities shall intimate their decision to the respective counsel so that the same can be placed before the Court when the Page No.# 4/4 matter is taken up next.
11) Let the matter thereafter be listed on 03.05.2019. 12) This Court reiterates the earlier order dated 31.01.2019 to the effect that the
validity of the aforesaid sum of Rs.42,07,465/- shall not be allowed to be lapsed on 03.02.2019 and the ceiling, if any, should be extended awaiting further orders of this Court.
13) A copy of the order may be provided to Mr. P.N. Goswami, learned counsel for the respondent No.1 as well as to Ms. N. Bordoloi, learned counsel for the respondent No.2.
JUDGE Comparing Assistant