Aibak Electric Industries vs Sandeep Seth
2024 Latest Caselaw 262 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Aibak Electric Industries vs Sandeep Seth on 15 March, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                  S.No. 161
                                                                  Supp. List
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
                                 CCCP(S) No. 71/2024 in
                                 CM(M) No. 287/2023


Aibak Electric Industries                                 ...Petitioner/Appellant(s)
                            Through: Mr. Azhar Ul Amin, Sr. Advocate with
                                    Mr. Mubashir Masood, Advocate
                                 V/s
Sandeep Seth                                           ...Respondent(s)

                            Through:

CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
                                 ORDER

15.03.2024

The petitioner is coming forward with the contempt petition under

article 215 of the Constitution of India in the wake of the directions given by

the Court in its judgment dated 14.12.2023 CM (M) No. 287 of 2023 titled

"UT of J&K & Ors. Vs. Aibak Electric Industries".

In the aforementioned CM(M) No. 287 of 2023, the UT of J&K

through its Chief Engineer M&RE Wing Srinagar along with Executive

Engineer Electric Division, Baramulla had come forward seeking

quashment of an award dated 20.04.2021 passed by Secretary Micro, Small

Enterprises Facilitation Council, Kashmir Division, Srinagar read with an

order dated 13.06.2023 passed by the Court of learned Additional District Judge, Bank Cases, Srinagar in execution of the said award dated

20.04.2021 in terms whereof recovery of an amount of Rs. 35,14,992/- is

envisaged along with interest.

This Court came to accept the fact that the petitioner herein was

entitled to the payment from the concerned Department's end, and as

such, the said amount was liable to be paid (principal as well as compound

interest) within a period of two months from the date of pronouncement of

the judgment dated 14.12.2023 by this Court.

More than three months have gone by but the respondents have not

come in compliance with the directions so given by this Court and the

petitioner has no other remedy available at its disposal for seeking

enforcement of the direction of this Court meant for seeking payment of the

amount as awarded and therefore, the present contempt petition is being

preferred.

Prima facie case is made out.

Issue notice to the respondent No.1 Mr. Sandeep Seth, Chief Engineer

M&RE Wing, Power Development Corporation Limited, Srinagar as to why

the contempt proceedings may not be initiated against him for non-

compliance of the Court direction in the matter of making the payment as

directed in favour of the petitioner..

Petitioner to furnish registered postal cover within seven days for

effecting service upon respondent, whereupon Registrar Judicial, Srinagar

to issue notice to Mr. Sandeep Seth Chief Engineer, M&RE Wing Power

Development Corporation Limited Srinagar

List on 1st May 2024.

(RAHUL BHARTI) JUDGE SRINAGAR 15.03.2024 "S.Nuzhat