Bharat Engineering Works v. Sudhanshu Sulterey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Case (C) No. 129 of 2016 Bharat Engineering Works , Through Proprietor Pawar Kumar Agrawal, Son Of Shri Rudmal Agrawal, Aged About 51 Years, Resident Of Pine 221, Parthivi Pacific, Tatibandh, Raipur, Civil And Revenue District Raipur, Chhattisgarh ---- Petitioner

Versus

Sudhanshu Sulterey , Executive Engineer, Public Works Department Bhanupratappur Division, District Kanker, Chhattisgarh ........... (Contemnor) ------Respondent For Petitioner:

Shri YC Sharma along with Shri MK.

Jethani, Advocates.

For Respondent/State:

Shri Prafull N. Bharat, Additional Advocate General.

Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board Per Navin Sinha, Chief Justice 26/04/2016 1.

Heard Learned Counsel for the Petitioner and the Additional Advocate General for the State.

2.

It appears that in Writ Petition (C) No.1204/2013 from which the present application arises, a pure money claim of Rs.15 lacs was raised with regard to works alleged to have been executed under a contract out of which only Rs.5 lacs had been paid. There were no admitted dues. There was no direction for payment of any specified sum. We are therefore not satisfied that the contempt application is maintainable. 3.

The Petitioner is therefore at liberty to pursue such other remedies as may be available to it under the law if it is aggrieved by what it perceives as is

legitimate dues not paid in accordance with the law. 4.

The Contempt application is dismissed.

5.

Notwithstanding our reluctance to entertain the Contempt application, the State is required to act fairly and reasonably by disposing the Petitioner's representation by a speaking order.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Priya