Supreme Court - Daily Orders
M/S Balaji Constructions vs Deepak Singhal on 27 March, 2023
Bench: K.M. Joseph, B.V. Nagarathna
ITEM NO.35 COURT NO.3 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No. 12251/2018
(Arising out of impugned final judgment and order dated 02-11-2017
in COP No. 538/2014 passed by the High Court of Judicature at
Allahabad, Lucknow Bench)
M/S BALAJI CONSTRUCTIONS Petitioner(s)
VERSUS
DEEPAK SINGHAL & ORS. Respondent(s)
(With IA No. 77038/2019 - EXEMPTION FROM FILING O.T. and IA No.
77034/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 27-03-2023 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s)
Mr. Amit Anand Tiwari, Adv.
Mr. Aseem Chandra, Adv.
Mr. Shailendra Mishra, Adv.
Mr. Vinod Kumar Singh, Adv.
Ms. Devyani Gupta, Adv.
Mr. Ashutosh Jha, AOR
For Respondent(s)
Mr. Ravindra Raizada, A.A.G.
Mr. Rajeev Kumar Dubey, Adv.
Mr. Ashiwan Mishra, Adv.
Mr. Kamlendra Mishra, AOR
UPON hearing the counsel the Court made the following
O R D E R
By the impugned order, the High Court has found that the petitioner who is the writ petitioner may avail of other remedies for recovering dues as according to the respondent there were no admitted dues. On this basis, the contempt Signature Not Verified petition was dismissed without prejudice to the rights of Digitally signed by Nidhi Ahuja Date: 2023.03.29 18:20:26 IST Reason: the petitioner.
According to the petitioner, the petitioner has 1 carried out a civil work and the amount due to the petitioner was not disbursed. In the writ petition, the High Court directed the admitted amounts to be paid. It is alleging that the amount was not paid that the contempt was filed which culminated in the impugned order.
Heard learned counsel for the petitioner and the learned Additional Advocate General for the respondent.
Today, it is not in dispute that after the filing of the special leave petition, the petitioner has been given a sum of little over Rs.45 lakhs. It is pointed out by the learned counsel for the petitioner that the amount is lesser than Rs.45 and odd lakhs. Apparently, this might be towards deductions to be compulsorily effected by the respondent.
Learned counsel for the petitioner would submit that Rs.57 lakhs is due. As far as any amount remaining as due according to the petitioner, it is for the petitioner to work out its remedies as available in law.
The special leave petition is disposed of accordingly. Pending applications stand disposed of.
(NIDHI AHUJA) (RENU KAPOOR)
AR-cum-PS ASSISTANT REGISTRAR
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