WPSS/847/2020
2021 Latest Caselaw 2327 UK

                   Office Notes, reports, orders
SL.                or proceedings or directions
          Date                                                       COURT'S OR JUDGES'S ORDERS
No                  and Registrar's order with
                           Signatures


      09.07.2021
                                                   WPSS No. 847 of 2020
                                                   Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Mr. Mahesh Bhatt, Advocate, for the petitioner.

Mr. Lalit Samant, Advocate, for the respondents.

The coordinate Bench of this Court, by the judgment dated 25.08.2020, had disposed of the writ petition of the petitioner, issuing a writ of mandamus to the respondents for payment of gratuity and leave encashment, totalling to an amount of Rs. 17,09,829/- to the petitioner within the period of four months from the date of the order.

In fact, if the order itself is taken into consideration, it was on the respondents' consent, which was extended before the coordinate Bench of this Court, where he has expressed his readiness and willingness to pay the said amount, the writ petition was disposed of on 25.08.2020.

Almost about 11 months have lapsed. Today, the matter is listed on a Time Extension Application (MCC/1/2021), preferred by the respondents to comply the order dated 25.08.2020.

During the course of the argument, the learned counsel for the petitioner has informed that seeking enforcement of the judgment dated 25.08.2020, the petitioner has filed a contempt petition being Contempt Petition No. 161 of 2021, on which the notices have already been issued to the respondents.

In that eventuality, when the cognizance under the Contempt of Courts Act, have already been taken on the judgment dated 25.08.2020, no Time Extension Application would be entertainable, extending the time to comply the order because that itself would frustrate the contempt proceedings itself.

Hence, the Time Extension Application is rejected.

(Sharad Kumar Sharma, J.) 09.07.2021 Mahinder/