Tenzing Kelsang Kalden vs State Of Sikkim And Ors
2024 Latest Caselaw 64 Sikkim

Sikkim High Court

Tenzing Kelsang Kalden vs State Of Sikkim And Ors on 26 June, 2024

Author: Meenakshi Madan Rai

Bench: Meenakshi Madan Rai

          THE HIGH COURT OF SIKKIM : GANGTOK
                                       (Civil Jurisdiction)
                                 Dated : 26th June, 2024
 ---------------------------------------------------------------------------------------------------
  SINGLE BENCH : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
 ---------------------------------------------------------------------------------------------------
                           Cont.Cas(C) No.02 of 2024

             Petitioner               :       Tenzing Kelsang Kalden

                                                    versus

             Respondents              :       State of Sikkim and Others

Application under Sections 11 and 12 of the Contempt of Courts
  Act, 1971 read with Article 215 of the Constitution of India
 ---------------------------------------------------------------------------------------------------
      Appearance
           Ms. Gita Bista, Advocate with Ms. Pratikcha Gurung, Advocate for
           the Petitioner.
           Mr. Zangpo Sherpa, Additional Advocate General with Mr. Sujan
           Sunwar, Assistant Government Advocate for the Respondents No.1
           and 2.
           Respondent No.2 present in person.
           Mr. Karma Thinlay, Senior Advocate with Mr. Yashir N. Tamang,
           Advocate for the Respondents No.3 and 4.
 ---------------------------------------------------------------------------------------------------
                              JUDGMENT (ORAL)

Meenakshi Madan Rai, J.

1. In compliance to the order of this Court dated 10-06-

2024, Affidavit dated 21-06-2024 has been filed by the Respondent

No.3.

2. Learned Senior Counsel for the Respondents No.3 and

4 submits that, Respondent No.4 (daughter of Respondent No.3)

has transferred 1/5th of the total sum, i.e., ₹ 1,03,12,249.40/-

(Rupees one crore, three lakhs, twelve thousand, two hundred,

forty nine and paisa forty) only, to the Respondent No.2 (the

District Collector), vide Cheque No.000001, of the HDFC Bank,

dated 21-06-2024, from the total amount of ₹ 5,15,61,247/-

(Rupees one crore, fifteen lakhs, sixty one thousand, two hundred

Tenzing Kelsang Kalden vs. State of Sikkim and Others

and forty seven) only, received by them. It is also clarified that the

payment is made in response to the Contempt Petition.

3. Report Affidavit, dated 25-06-2024, has been filed by

the State-Respondent No.2. It is averred therein that the District

Collector, Gyalshing District, had received the Cheque No.000001

of the HDFC Bank, dated 21-06-2024, for a sum of ₹

1,03,12,249.40/- (Rupees one crore, three lakhs, twelve thousand,

two hundred, forty nine and paisa forty) only, on 21-06-2024, from

the Respondent No.4. The same amount has been made over to

the Petitioner on 25-06-2024, vide Cheque No.260310, of the State

Bank of Sikkim, dated 24-06-2024.

4. Learned Counsel for the Petitioner acknowledges the

receipt of ₹ 1,03,12,249.40/- (Rupees one crore, three lakhs,

twelve thousand, two hundred, forty nine and paisa forty) only,

from the Respondent No.2, vide Cheque no. 260310, of the State

Bank of Sikkim, dated 24-06-2024.

5. As already recorded hereinabove, the amount vide the

Cheque has been received and duly acknowledged by the

Petitioner.

6. Consequently, nothing further remains for adjudication

in the matter.

7. Contempt Petition stands disposed of accordingly.

8. Pending applications, if any, also stand disposed of.

( Meenakshi Madan Rai ) Judge 26-06-2024

ds/sdl