High CourtsDivision Bench(2011) 04 GUJ CK 0099

Karsanbhai Hirabhai Vankar vs M.C. Modi Deputy Executive Engineer

Gujarat High Court · Decided on 11 April 2011

HON’BLE JUDGES
Jayant M. Patel, J · G.B. Shah, J
CASE NUMBER
Misc.Civil Application for Contempt No. 680 of 2011 in Letters Patent Appeal No. 1283 of 2010 in Special Civil Application No. 6897 of 2009

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Judgment

3 paragraphs · 244 words

Jayant Patel, J.—The basis of the present proceedings under the Contempt of Court is non-compliance of the order dated 10.8.2010 passed by this Court in LPA 1283 of 2010 whereby the direction was given to pay Rs. 50,000/- with interest @ 8% per annum from the date on which the Petitioner attained the age of superannuation till the amount is paid.

2.

Pursuant to the notice issued by this Court, Mr M.C. Modi, Dy. Executive Engineer is present and it has been stated that after the notice was issued by this Court on 1.4.2011, the amount of Rs. 50,000/- plus interest of Rs. 2,550/- has been paid. However, the learned AGP fairly submits that the amount of interest has been calculated from the date of the order and not from the date on which the Petitioner reached the age of superannuation.

3.

She has further stated under the instructions of the Officer that the remaining amount of the interest from 1.6.2008 onwards on Rs. 50,000/- minus the interest already paid, shall be paid to the Petitioner within a period of four weeks from today. In view of the above, as the order shall stand complied with, no useful purpose would be served keeping the present proceedings pending. Hence the Misc. Civil Application is disposed of accordingly. Notice is discharged. In the event the amount is not paid as declared before this Court, it would be open to the Petitioner to revive the present proceedings.