A.K. Earth Movers Thru Its ... vs Deepak Singhal Prin.Secy.For ...
2013 Latest Caselaw 3980 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CONTEMPT No. - 909 of 2013
 

 
Applicant :- A.K. Earth Movers Thru Its Prop.Pankaj Singh & Others
 
Opposite Party :- Deepak Singhal Prin.Secy.For Irrigation Up Civil Sectt.&Ors.
 
Counsel for Applicant :- Avnish Kumar Singh
 
Hon'ble Ajai Lamba,J. 

This petition seeks initiation of proceedings under the Contempt of Courts' Act 1971 against the respondents for willful disobedience of order dated 20.2.2013 rendered in Writ Petition No.1383(MB)/2013.

Counter affidavit has been filed on behalf of contemner Mr. Awadh Naresh Gupta, Engineer-in-Chief, Irrigation Department, Lucknow, to say that payment would be released after enquiry is concluded.

It is apparent that the petitioners did some work for the respondents for which payment was not made and, therefore, the petitioners were constrained on filing a writ petition.

Apparently work was done in the year 2010. This court is not able to accept the argument given by the contemner that after conclusion of enquiry, payment would be released or representation of the petitioner shall be decided.

Let the respondents-contemners remain present in court to show cause as to why they be not proceeded against under the Contempt of Courts' Act and be not punished accordingly.

Surely, three years' delay in making payment, despite orders of this court, cannot be justified on the pretext given in the counter affidavit.

List on 29.8.2013, on which date respondents-contemners shall remain present in court.

Order Date :- 10.7.2013

A.Nigam