M/S Ashok Kumar Pandey Thru. ... vs Sri Deepak Singhal, Prin. Secy. ...
2014 Latest Caselaw 3105 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 927 of 2014
 

 
Applicant :- M/S Ashok Kumar Pandey Thru. Abhishek Kumar Pandey
 
Opposite Party :- Sri Deepak Singhal, Prin. Secy. Irrigation Deptt. U.P & Ors.
 
Counsel for Applicant :- Prashant Singh 'Atal'
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Shri Lalit Shukla, learned Additional Chief Standing Counsel filed counter affidavit on behalf of opposite party no. 2, annexing copy of order passed by the Superintending Engineer dated 13.06.2014.  The perusal of the same reveals that as per clause 7 of the agreement, applicant has not presented the bills and, moreover, there is a clause for invoking arbitration against any dispute with the department. 

Shri Prashant Singh 'Atal', learned counsel for the applicant submits that the writ Court by means of order dated 04.03.2014, while disposing of the writ petition observed that State authority is required to act fairly and issued direction to the respondents to consider the claim of the petitioner/applicant in accordance with law and pay whatever amount is found payable to it.  It was also observed in the order that admitted dues should be paid to the petitioner/applicant without any delay preferably within a period of three weeks.  Learned counsel for the applicant drawn attention of this Court towards Annexure No. 3 of the rejoinder affidavit, which is a letter of Chief Engineer dated 04.03.2014, in which payable amount to the applicant has been mentioned.

On due consideration, this Court found that opposite party no. 2 has tried to misinterpret the order of this Court, as such one more opportunity is given  to him to ensure the compliance of order of writ Court dated 04.03.2014.

If the order of writ Court is not complied with, opposite party no. 2 will appear before this Court on 31.07.2014.

Order Date :- 14.7.2014

Tanveer/-