Jammu & Kashmir High Court - Srinagar Bench
Aibak Electric Industries Barzullah vs Sandeep Seth (Kpdc) on 15 March, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
S.No. 168
Supp. List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCCP(S) No. 76/2024 in
CM(M) No. 294/2023
Aibak Electric Industries Barzullah ...Petitioner/Appellant(s)
Through: Mr. Azhar Ul Amin, Sr. Advocate with
Mr. Mubashir Masood, Advocate
V/s
Sandeep Seth (KPDC) ...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 in CM (M) No. 294 of 2023
titled "UT of J&K & Ors. Vs. Aibak Electric Industries Barzullah ".
In the aforementioned CM(M) No. 294 of 2023, the UT of J&K
through its Chief Engineer M&RE Wing Srinagar along with Executive
Engineer Electric Division-I, Gowkadal Srinagar 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. 5,21,349/- is
envisaged along with interest @ 12.75% per annum w.e.f 10.02.2019.
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 be not 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 of the 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
