Brij Mohan Chhabra vs Subhash Chandra Garg And Others

Dinesh Mehta, J

By way of the present contempt petition, the petitioner has alleged non-compliance of the order dated 31.05.2016 passed by this Court in petitioner’s earlier writ petition being S.B. Civil Writ Petition No. 1158/2012.

Mr. Paramveer Singh, learned counsel for the petitioner argued that inspite of the order passed in petitioner’s favour, the respondents have not complied with the order and have asked him to deposit a sum of Rs.10,00,000/- and interest thereupon.

Mr. Vyas, learned counsel for the respondents invited Court’s attention towards the reply filed by the respondents on 17.01.2019 and documents filed therewith and highlighted that it is clear that the revised Pension Payment Order (PPO) has been issued and the petitioner’s grievance has been appropriately redressed.

At this juncture, learned counsel for the petitioner submitted that the amount which the respondents have called upon the petitioner to deposit is not in accordance with law.

Having heard learned counsel for the parties and upon perusal of the reply and unconditional apology tendered therewith, it cannot be alleged that the respondents willfully flouted the order passed by this Court. Hence, this Court is not inclined to continue to proceed against the respondents, inasmuch as, no counter to the reply filed by the respondents in January, 2019 has so far been filed.

Notices of contempt issued to the respondents are hereby discharged.

The contempt petition is dismissed for statistical purposes.

The petitioner shall be free to take up his legal remedies, if he is not satisfied with the amount being paid to him and/or the interest being recovered by the respondents from him on the amount of Rs.10,00,000/-.