CLCON/194/2017
2023 Latest Caselaw 172 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                 CONTEMPT PETITION NO. 194 OF 2017

                        10th JANUARY, 2023

Between:

Harish Chandra Arya                       ......          Petitioner

and

Dhiraj Singh Garbiyal                     ......         Respondent



Counsel for the applicant    :       Mr. Krishan Kumar        Verma,
                                     learned counsel

Counsel for the respondent    :      Mr. Sandeep Kothari, learned
                                     counsel


The Court made the following:

JUDGMENT:

This contempt petition has been preferred

alleging willful and conscious disobedience of the order

dated 30.03.2017, passed in Writ Petition (S/S) No.

1150 of 2016.

2) The said order is under challenge in Special

Appeal No. 419 of 2017, which is still pending

consideration.

3) The respondent has filed a short affidavit

bringing on record the order dated 02.08.2017, passed

in the said special appeal, wherein the Court directed

that, in case, the pensionary amount payable to the

respondent exceeds the amount which is due from the

respondent towards the recovery, and the same is paid,

the petitioner herein, would not press the contempt.

The affidavit states that in compliance of the order dated

02.08.2017, the amount which is exceeding the amount

sought to be recovered has already been paid to the

petitioner.

4) In the light of the aforesaid, this petition does

not survive, at this stage. The same is, accordingly,

closed.

________________ VIPIN SANGHI, C.J.

Dt: 10th JANUARY, 2023 Negi