AI Structured Summary
Not yet generated for this judgment
Judgment
Since one of the issues raised in this writ petition (W.P.(C) No. 1471 of 2011) is subject matter in L.P.A. No. 211 of 2012, wherein hearing has been completed and judgment has been reserved, therefore, list this writ petition after decision of said L.P.A No. 211 of 2012 and the counsel for the parties may intimate the office upon decision given in that L.P.A, for listing this writ petition (W.P.(C) No. 1471 of 2011) in Court.
I.A. No. 3398 of 2011 So far prayer for modification in the interim order is concerned, in view of the fact that learned Single Judge who has passed the interim order since has retired and same judge has referred the matter to Division Bench even for consideration of prayer for modification of the order, the prayer for modification is considered.
However, in view of the facts stated above, we are of the view that at this stage, there is no need to modify the interim order. Hence, the prayer for modification (I.A. No. 3398 of 2011) in the interim order is rejected.
Respondents is directed to now pay the claim of the petitioner for interest subsidy as the petitioner has already submitted the bank guarantee. Hence, the interest of the State is secured.
However, it is the responsibility of the writ petitioner to continue and renew the bank guarantee as and when needed but before the expiry of bank guarantee.
In view of the reasons stated above, at this stage, we do not find any justification to continue with the contempt proceeding.
Therefore, the Contempt Petition No. 489 of 2011 is dismissed with liberty to the petitioner to file fresh petition, if any occasion arises. Hence, the respondents shall release the subsidy amount within a period of 15 days. However, it is made clear that any payment shall be subject to final result of this writ petition and shall be secured by the bank guarantee.