CMP/14574/2020
2021 Latest Caselaw 2649 HP

CMP No.14574 of 2020 in COPC No. 201 of 2019

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09.04.2021 Present: Mr. Varun Chandel, Advocate, for the applicant.

Ms. Shubh Mahajan, Advocate, for the respondents.

CMP No.14574 of 2020

By way of this application, prayer has been

made on behalf of the applicant/appellant to revive

contempt petition bearing No. 201 of 2019, which was

disposed of vide judgment dated 17.10.2019. Vide

judgment dated 17.10.2019, this Court having taken not of

the statement made by learned counsel representing the

respondents that the judgment, if not already implemented,

shall be implemented within a period of two months,

disposed of the petition with the direction to the respondents

to do the needful in terms of the judgment alleged to have

been violated within a time stipulated by this Court.

Since, respondents have not honoured the

commitment given to this Court at the time of passing of

judgment dated 17.10.2019, petitioner has approached this

Court in the instant application, praying therein for revival of

the contempt petition.

Ms. Shubh Mahajan, learned counsel

representing the respondents, while placing on record the

communication bearing No. HRTC /SGT /Accounts

/DCRG/L.E./2019-20/-, which is taken on record, submits

that a sum of Rs. 11,10,331/- already stands released in

.

favour of the petitioner on account of gratuity and leave

encashment with up-to-date interest. But in terms of

judgment alleged to have been violated, respondents are

also under obligation to pay arrears of pension. Since, no

amount on account of arrears of pension has been paid, it

cannot be said that judgment alleged to have been violated

stands implemented in its letter and spirit.

Ms. Shubh Mahajan, learned counsel

representing the respondents, prays for and is granted two

weeks' time to have fresh instructions. Pendency of the

instant application, shall not be a bar for the respondents to

pay the remaining amount, if any, to the petitioner, on or

before the next date of hearing.

List on 03.05.2021.

CMP No.4531 of 2021

No order is required to be passed in view of the

order passed in CMP No.14574 of 2020. Accordingly, the

same is disposed of.

(Sandeep Sharma) Judge 9th April, 2021 (reena)