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Judgment
Anubha Rawat Choudhary, J
Learned counsel for the parties are present.
An affidavit has been placed on record during the course of hearing.
The learned counsel for the opposite parties has submitted that with regard to the property involved in this case a third party has claimed and has filed an objection. The objection has been placed on record as Annexure-B. He submits that the said 3rd party was not a party in the writ proceedings and under such circumstances, there is legal impediment in finalizing the Award. The learned has submitted that there is legal impediment in remitting the amount to the petitioner and therefore the contempt proceeding may be dropped.
The learned counsel for the petitioner has submitted that the objection has been filed beyond the period of limitation. However, it is not in dispute that the objector was not a party to the writ proceedings nor is a party before this court in this case.
In view of the aforesaid facts and circumstances, it appears that some dispute regarding entitlement has cropped up. This court is not in a position in this contempt proceedings to pronounce upon the merit or otherwise in connection with the dispute raised by the third party who was not a party in the writ proceedings. In such circumstances, this court is not inclined to proceed any further in this contempt proceedings which is hereby dropped.
However, dropping of the contempt proceeding will not have any bearing on the rival claim of the petitioner and/or the 3rd party.