Chandrapal Singh vs Pradeep Kumar Agrawal,Branch ...
2021 Latest Caselaw 10275 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3128 of 2021
 

 
Applicant :- Chandrapal Singh
 
Opposite Party :- Pradeep Kumar Agrawal,Branch Manager And Another
 
Counsel for Applicant :- Jayant Prakash Singh
 

 
Hon'ble Prakash Padia,J.

The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 08.12.2020 passed in Writ C No.7453 of 2019 (Chandra Pal Singh Vs. Union of India and 4 Others). The order is reproduced hereinbelow :-

"This writ petition has been filed to seek direction to the respondent to defreeze petitioner's bank account no.89041784676 Prathama Bank, Branch Mandi Samiti Hasanpur District Amroha.

Learned counsel for the bank submits that the account has not been freezed rather the amount lying in the bank account has not been released as the signature was not matching. The petitioner has otherwise approached the Consumer Forum for the same relief but when the fact aforesaid was disclosed, the complaint was withdrawn and present writ petition was filed thereupon knowing it well as to why the amount was not released.

Learned counsel for the petitioner could not show any document to prove freezing of the account. In absence of any material to show or prove the allegation, the prayer made in the writ petition cannot be granted.

It is more so when justification for no-release of amount given by the counsel appearing for the Bank.

We do not find that prayer made in the writ petition is made out. The writ petition is accordingly dismissed.

It is however with the clarification that if a proper document containing necessary details and signature are submitted by the petitioner, the scrutiny of it would be made without being guided by this judgment."

It is argued that pursuant to the aforesaid order, representation were made from time to time but till date no decision has been taken by the opposite party. It is further argued that considerable time has already been lapsed.

Heard counsel for the applicant and perused the record.

Considering the facts and circumstances of the case, the present contempt petition is disposed of finally directing the opposite party no. 1 is directed to pass appropriate orders pursuant to the order passed by this Court in representation submitted by the applicant most expeditiously and preferably within a period of six weeks from the date of presentation of copy of this order.

It is made clear that the applicant has a liberty to approach this Court, if the order is not complied with by the opposite party no. 1 within the stipulated time as aforementioned.

Order Date :- 13.8.2021

Swati