South Eastern Coalfield Ltd. v. S. K. Singal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 630 of 2016 South Eastern Coalfield Ltd. Through Its General Manager M M-P/ H O D, Seepat Road Bilaspur, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

S. K. Singal S/o Late Shri Janki Dass, Aged About 69 Years Chief Executive Officer, M/s M.R.Beltings, 35th K.M., G.T.Road, Rasoi, District Sonepat Haryana Pin 131029 ---- Respondent (Cause-title taken from Case Information System) For Petitioner : Mr. H.B. Agrawal, Senior Advocate assisted by Mr. Vinod Deshmukh, Advocate For Respondent : Mr. Vaibhav A. Goverdhan, Advocate Hon'ble Shri Arup Kumar Goswami, Chief Justice Order on Board 10.12.2021 Heard Mr. H.B. Agrawal, learned senior counsel for the petitioner. Also heard Mr. Vaibhav A. Goverdhan, learned counsel appearing for the respondent.

2.

This Contempt petition is filed alleging deliberate and wilful violation of the order passed by this Court on 31.08.2016 in WPC No. 1765 of 2016. 3.

By the aforesaid order, this Court had observed that no further steps be taken pursuant to the award passed on 24.08.2016. 4.

The order dated 31.08.20216 was passed in presence of Mr. Vaibhav A. Goverdhan, who is appearing for the respondent in this application. 5.

The allegation made in the contempt application is that in spite of the aforesaid order directing that no further steps be taken pursuant to the

award in question, the respondent had filed an application under section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Act of 1996) in connection with the said award before the learned District and Session Judge, Sonepat.

6.

In view of the above, Mr. Agrawal submits that it is evident that there was deliberate and wilful violation of the order passed by this Court on 31.08.2016 in WPC No. 1765 of 2016.

7.

Though till date no affidavit has been filed, Mr. Goverdhan submits that there was mis-communication on his part and therefore, the application under Section 34 of the Act of 1996 came to be filed. But subsequently, when the order of this Court was produced by the petitioner herein, the learned District and Sessions Judge, Sonepat had suspended further proceedings in the said application, awaiting final order of this Court in WPC No. 1765 of 2016, which is still pending. Accordingly, he submits that there was no deliberate and wilful violation of the order of this Court. 8.

Having regard to the submissions of Mr. Goverdhan, this contempt petition is not pursued any further and the same is closed. 9.

However, if during the currency of interim order of this Court in WPC No. 1765 of 2016, any further steps are sought to be taken by the respondent, the petitioner will be at liberty to proceed again in contempt jurisdiction.

Sd/- (Arup Kumar Goswami) Chief Justice Anu