Citation : 2025 Latest Caselaw 664 J&K
Judgement Date : 4 August, 2025
Sr. No. 121
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: CCP(S) No.165/2024 in
WP(C) No.2963/2023
Innovatiview India Pvt. Ltd. ..... Petitioner(s)
Through :- Mr. Sanjeev Yadav, Advocate
Mr. Sumant Sudan, Advocate
Vs
R. K. Goyal and another .....Respondent(s)
Through :- Mr. Raman Sharma, AAG
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
04.08.2025
1. The instant contempt petition arises out of the order/judgment dated
29.11.2023 passed in WP(C) No.2963/2023, whereby, the writ petition preferred
by the petitioner was disposed of at the very threshold, with the direction to the
respondents to consider the claim of the petitioner as projected in the writ petition
and were directed to take a decision thereon within a period of two months from
the date the certified copy of the order was made available to the respondents,
subject to verification of the requisite bills under rules. The decision which was
likely to be taken by the respondents was directed to be conveyed to the
petitioner. Since, the aforesaid order was not complied with within the time
granted by the Court, the petitioner was constrained to prefer the instant contempt
petition in which notice was issued on 20.05.2024 and the respondents have not
filed the statement of facts till date.
2. Today, when the instant contempt petition was taken up out of turn at the
request of learned counsel for the petitioner, Mr. Raman Sharma, learned AAG
has apprised this Court that pursuant to the order passed by this Court mentioned
(supra) some part payment has already been released in favor of the petitioner
which has also been acknowledged. However, it has been brought to notice of the
Court by the learned counsel for the petitioner that the entire liability has not been
paid to the petitioner. Since, the direction passed by the learned writ Court was
specific to the extent of according consideration to the case of the petitioner with
regard to the claim projected before the writ Court, which till date has not been
done.
3. In the aforesaid backdrop, no fruitful purposes will be served to keep this
contempt petition alive and accordingly, this Court in the aforesaid backdrop
deems it proper to dispose of the instant contempt petition by directing the
respondents to comply with the order/judgment passed by this Court in its letter
and spirit preferably within a period of two weeks from today. The consideration
order which is likely to be passed may be forwarded to the petitioner through
registered post.
4. It is made clear that in case if the order is not complied within the
aforesaid period, the petitioner will be at liberty to revive the present contempt
petition, and in that eventuality this Court will be constrained to take coercive
measures against the respondents.
5. Accordingly, the proceedings in the instant contempt petition are closed.
Rule, if any framed, shall stand discharged.
(WASIM SADIQ NARGAL) JUDGE
JAMMU 04.08.2025 Shammi
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