CLCON/278/2018
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 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
           ON THE 22nd DAY OF JULY, 2021

                          BEFORE:

  HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

          Contempt Petition No.278 of 2018
                          With
      Recall Application CLMA NO.11177 of 2019
Delay Condonation Application CLMA NO.12143 of 2019


BETWEEN:
  Kailash Chandra Kabadwal                        .....Petitioner

AND:
  Deepak Kumar & Anr.                         .....Respondents

                             With

          Contempt Petition No.279 of 2018
                          With
      Recall Application CLMA NO.11178 of 2019
Delay Condonation Application CLMA NO.12144 of 2019

BETWEEN:
  Nandan Singh Karki                              .....Petitioner

AND:
  Deepak Kumar & Anr.                         .....Respondents

                             With

          Contempt Petition No.280 of 2018
                          With
      Recall Application CLMA NO.11179 of 2019
Delay Condonation Application CLMA NO.12145 of 2019

BETWEEN:
  Madhan Ram                                      .....Petitioner

AND:
  Deepak Kumar & Anr.                         .....Respondents

    (Mr. Amar Murti Shukla, Advocate for the petitioner and Ms Seema
    Sah, Advocate for respondent no.3 and Mr. K.K. Shah, Advocate)
                                  2


                            JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Since common question of law and facts are involved in these contempt petitions, therefore are being taken up together and are being adjudicated by this common order.

3. Vide order dated 11.03.2019, notice issued to opposite party no.1 was discharged in view of the statement made by Mrs. Seema Sah, Advocate that decision on petitioners' representation has been taken. Subsequently, an application seeking recall of the said order along with delay condonation application was filed by the petitioners.

4. Mrs. Seema Sah, Advocate was asked to get instructions in the matter and the case was adjourned on her request to enable her to get complete instructions. Today, Mrs. Seema Sah, Advocate informs the Court that decision on petitioners' representation has been taken by Managing Director of Uttarakhand State Cooperative Bank Ltd. on 20.07.2021. She submits that copy of the said order has been sent to Mrs. Amar Shukla, learned counsel for the petitioners through Whatsapp. She undertakes to supply hard copy of the order dated 20.07.2021 to petitioners' counsel within 24 hours.

5. From the statement made today by Mrs. Seema Sah, learned counsel for respondent no.1, it is apparent that the earlier statement made by her on 11.03.2019 was not correct.

6. In such view of the matter, delay in making recall application is condoned. Delay condonation applications stand allowed. The order dated 11.03.2019 insofar as discharge of notice qua opposite party no.1 is concerned, is hereby recalled. Recall applications are allowed.

7. Since the Managing Director, Uttarakhand State Cooperative Bank Ltd. (respondent no.3) has taken decision on petitioners' representation and has passed a detailed order on 20.07.2021, therefore, in the considered opinion of this Court, the order passed by the Writ Court stands complied with. In such view of the matter, contempt petitions are closed. Notices issued to the opposite parties are discharged. However, petitioners shall be at liberty to approach the appropriate forum for ventilation of their grievances, if any.

(MANOJ KUMAR TIWARI, J.) Rajni