High CourtsSingle Bench(2021) 07 GAU CK 0108

Sanjay Bodo vs Jayanta Kumar Goswami And Ors.

Gauhati High Court · Decided on 27 July 2021

HON’BLE JUDGES
Kalyan Rai Surana, J
CASE NUMBER
Contempt Case (Civil) No. 256 Of 2020

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Judgment

19 paragraphs · 398 words

Heard Mr. B.D. Das, learned Senior counsel assisted by Mr. D. Thousen, learned counsel for the petitioner. Mr. P.K. Munir, learned counsel for the

respondent nos.1 and 3 has submitted that he has received telephonic instructions today to the effect that the Assam Khadi and Village Industries

Department has sent the matter to its Accounts Section for calculating the admissible dues of the petitioner after which it would be sent to the Finance

Department of the Government of Assam for payment. He also submits that at present the establishment of the Assam Khadi and Village Industries

Department is working with less staff due to Covid-19 pandemic.

It is noticed that this contempt petition has been filed on the ground that the order dated 18.02.2020 of this Court in WP(C) 7203/2018 has not been

complied with. Under such circumstances, if the calculation of the dues of the petitioner is still pending before the Accounts section of the Assam

Khadi and Village Industries Department Board, both the respondents herein are taking great risk. The respondent nos.1 and 2 cannot be permitted to

have such an excuse for not complying with the orders passed by this Court.

Nonetheless, in view of the prayer made by the respondents, one last opportunity of ten days is granted to the respondents to file their respective

affidavit-in-opposition, failing which both the respondents are directed to appear before this Court with all relevant records on the next date and be

prepared to assist their learned counsel to answer the queries of the Court.

The respondents are further put to notice that in the event no affidavit-in-opposition is filed, the Court shall presume that the respondents have nothing

to say and appropriate order will be passed on the next date of listing after examining whether or not the respondents are in contempt.

The learned counsel for the respondents shall download a copy of this order from the website for transmitting it to the respondents.

As per office note dated 18.06.2021, neither unserved notice nor A/D card has been received after service. Accordingly, let the matter be listed

before the Lawazima Court to pass orders regarding service of notice. The matter shall thereafter be listed in Court.

List the matter on 13.08.2021.

The affidavit shall be filed atleast one day prior to the next date of listing with a copy thereof to the learned counsel for the petitioner.