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Judgment
(As per Hon’ble Mr. Manish Garg, Judicial Member)
Dr.P.B.Vijaya Kumar, learned Senior Counsel, representing Mrs.A V S Laxmi, learned counsel for the Applicant, and Mr.V.Vinod Kumar, learned Senior Panel Counsel for the Respondents.
The instant Contempt Petition has been moved after the dismissal of the SLP by the Hon’ble Apex Court.
The learned Senior counsel Dr.P.B.Vijaya Kumar, appearing for the Applicant’s counsel, submits that though the amount fixed forward to be paid, however, the same has not been paid with interest, as directed by this Tribunal.
On the other hand, Sri M.Srikanth Pathrudu, Senior Accountant, PFA/O/SC, as instructed by Mr.V.Vinod Kumar, learned Sr.Panel Counsel, states that there was a stay operating against the impugned order by the Hon’ble High Court for relevant period and pursuant to which an SLP was filed and the payments have been made in accordance with the observations made by the Hon’ble Apex Court.
Prima facie, there is no clarity forthcoming on the part of the respondents’ counsel as to the issue of interest. They are taking it to be that the interest is not payable and payments are made pursuant to the dismissal of the SLP by the Hon’ble Apex Court. We note that the observations vis-a-vis interest are silent in the order of dismissal of SLP by the Hon’ble Apex Court.
Be that as it may, without prejudice to the rival contentions on either side, we find that there is no wilful and deliberate disobedience of the order on the part of the respondents. Remedy lies elsewhere with liberty to agitate his grievances. Applicant to take recourse of an alternative remedy in accordance with law.
With the above observations, the CP is closed. Notices issued, if any, be discharged. There shall be no order as to costs.