Prem Steels (Pvt) Limited vs Shri. Narendra Singh, Executive ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 282 of 2022
 

 
Applicant :- Prem Steels (Pvt) Limited
 
Opposite Party :- Shri. Narendra Singh, Executive Engineer And Another
 
Counsel for Applicant :- Bidhan Chandra Rai
 

 
Hon'ble Saral Srivastava,J.

Heard learned counsel for the applicant.

The applicant has alleged the violation of order of Writ Court dated 20.06.2013 and 06.02.2015 passed in Writ-C No. 33912 of 2013, whereby the writ petition was disposed off on the statement of learned counsel for U.P. Paschimanchal Vidyut Vitran Nigam Ltd. that the Assessing Authority shall comply with the directions passed by Appellate Authority and shall permit the applicant to cross examine the Officers who have submitted the report against the applicant.

It is submitted that despite there being an order passed by this Court which has been affirmed by the Supreme Court, the Assessing Authority while doing the assessment has refused to permit the applicant to cross examine the Officers who had submitted report which is violation of the judgment of Writ Court dated 20.06.2013. Accordingly, it is submitted that it is a case where this Court should exercise its power under Section 12 of Contempt of Courts Act to summon the opposite party.

Be that as it may, it is no doubt correct that this Court had disposed off the writ petition on the statement of the learned counsel for the U.P. Paschimanchal Vidyut Vitran Nigam Ltd. that the Assessing Authority shall comply with the directions of the Appellate Authority and by the order dated 15.12.2021, Assessing Authority has assessed the liability of the applicant to the tune of Rs.1,16,01,550/- and the order dated 15.12.2021 is said to be in violation of order of Writ Court as applicant was not provided opportunity to cross examine the Officers.

Be that as it may, the applicant has legal recourse available against the said order. The ground which has been set up here for taking action against the opposite party can be taken by the applicant in the remedy which he wants to avail under law against order dated 15.12.2021. The order passed by the Assessing Authority dated 15.12.2021 cannot be set aside by this Court in contempt jurisdiction and to obtain the effective relief, the applicant has to take appropriate legal remedy.

In such view of the fact, this Court is not inclined to exercise its power under Section 12 of Contempt of Courts Act, accordingly, the present contempt application is dismissed and is consigned to record.

Order Date :- 4.4.2022

Mohit