Basanta Kumar Dash vs Ms. Priyanka Dash And Another

This matter is taken up through Hybrid Arrangement (Virtual / Physical) Mode.

It is submitted by Mr. Sanjib Sahu, learned counsel appearing on behalf of the Appellant that, as the Appellant has retired from service in the meantime, he could not comply with the order dated 27.04.2021, and if some time is given to him, he may file a petition for modification of the order dated 27.04.2021.

From the record it is found that the order dated 27.04.2021 was passed in presence of the learned counsel for the Appellant and much time has been gained by the Appellant to comply with the order. On 06.01.2022 time as a last chance was given to the Appellant. Again on 14.02.2022 two weeks’ time was granted to the Appellant for compliance of the order dated 27.04.2021. One year is going to be completed shortly and the Appellant is probably vacillating so far as the payment in compliance of the order dated 27.04.2021 is concerned. Payment is to be made to his daughter and none else.

Taking into consideration the facts and submissions including the fact that 95 years old mother of the Appellant is still living, we do not have any sympathy for the Appellant, as he is standing on the way of non-implementation of the order dated 27.04.2021.

As a last chance, therefore, the Appellant is directed to hand over a Bank Draft of Rs.15,00,000/- (rupees fifteen lakh) drawn in favour of Respondent No.1 – Ms. Priyanka Dash within six weeks from today, failing which requisite contempt proceeding may be initiated against the Appellant for non-compliance of the order of this Court.

List this matter six weeks after.

The case records in W.P.(C) No.8933 of 2017 and W.P.(C) No.20527 of 2017 be detached from this MATA.

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