Managing Director v. Deendayal Swarnkar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 536 of 2019 • Deendayal Swarnkar S/o Shri Durga Prasad Soni, Aged About 64 Years R/o Dalli Road, Ward No. 4, Bhanupratappur, Kanker, Civil And Revenue District Kanker Chhattisgarh ---- Petitioner

Versus

1. Shri R K Govardhan Managing Director, Forest Range Raipur, Chhattisgarh State Forest Development Corporation, B-7, Sector -2, Devendra Nagar, Raipur, District Raipur Chhattisgarh

2. Shri K.C. Yadav The Then Managing Director, Forest Range Raipur, Chhattisgarh State Forest Development Corporation, B-7, Sector -2, Devendra Nagar Raipur, District Raipur Chhattisgarh ---- Respondents MCC No. 601 of 2019

1. Managing Director Chhattisgarh Rajya Vikas Nigam Limited Raipur, Block 7(A), Sector -2a Atal Nagar, District Raipur, Chhattisgarh

2. Shri R.K. Govardhan The Then Managing Director Presently Posted As Additioanal Managing Director, Forest Range Raipur, Chhattisgarh State Forest Development Corporation, Block 7(A) Sector -24, Atal Nagar District Raipur Chhattisgarh.

3. Shri K.C. Yadav Managing Director Forest Range, Raipur, Chhattisgarh State Forest Development Corporation Block 7(A), Sector -24, Atal Nagar, District Raipur Chhattisgarh.

---- Applicants

Versus

• Deendayal Swarnkar S/o Shri Durga Prasad Soni Aged About 63 Years R/o Dalli Road, Ward No. 4, Bhanupratappur, Kanker, Civil And Revenue, District Kanker Chhattisgarh ---- Respondent ___________________________________________________________________ For Applicant/contemnor :

Mr. Ashutosh Singh Kachhawaha, Advocate For Writ Petitioner :

Mr. Ramesh Nayak, Advocate.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/08/2019 Heard.

1. While the petitioner filed contempt petition seeking initiation of contempt proceedings against the respondent alleging willful disobedience of the order passed by this Court, applicant/contemnor has also moved an application (MCC) seeking extension of time to comply with the direction of the Court.

2. Today, when the aforesaid two cases have come up for hearing, learned counsel for the respondent/contemnor upon instructions submits that the order of the Court has now been complied with and the amount which was due and payable has already been paid to the petitioner. While learned counsel for the petitioner does not dispute the payment of various amount, he submits that the interest which the petitioner was entitled to receive has not been paid to him.

3. I find that during writ proceedings, order was passed by this Court directing release of withheld amount forthwith and there was no specific direction for payment of interest at any rate. Therefore, no further proceedings are required to be drawn both in the contempt petition and MCC.

4. The writ petition is still pending. In the pending writ petition, the petitioner would at liberty to seek adjudication of his claim of interest.

5. With the said observations, aforesaid two petitions are finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Ravi