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Judgment
Kurian Joseph, C.J.—The complaint is that the Respondent has not respected the interim order dated 29th December, 2010 in CMP No. 12689 of 2010 in CWP No. 8538 of 2010. The interim order reads as follows:
Reply shall be filed within two months. Post on 15.3.2011. In case, re-fixation pursuant to Annexure P-7 has not taken effect as on today, the implementation thereof shall be deferred for the time being. It is made clear that in case writ petition is dismissed, the Petitioners shall be liable to return excess amount with 10% interest.
According to the Petitioner though she is entitled to Rs. 2,58,540/-, only Rs. 1,87,703/- has been released and Rs. 70,837/- has been withheld. Apparently, the same is withheld on account of interim order as extracted above. It cannot be said that the conduct in any way is contumacious since the Respondent has only taken steps to safeguard the interest of the State in terms of the interim order, as above. But at the same time to implement the order in the spirit of it, there will be a direction to the Respondent to release the withheld amount in case Petitioner furnishes a security for an amount of Rs. 1 lac, in case the amount is withheld on account of interim order.
The contempt petition is disposed of, as above.