Nature Clean Foundation v. Himshikhar Gupta

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 633 of 2017 Nature Clean Foundation Through Secretary , Sanjay Kumar Bhaskar, S/o Late Shri Baidnath Singh Aged About 48 Years Presently Working As Secretary, Nature Clean Foundation P - 0 7 , Sector - 02, Agrasen Nagar Ring Road No. 1 , Railpur District Raipur Chhattisgarh.

---- Petitioner

Versus

Himshikhar Gupta Posted At Collector , Mahasamund Chhattisgarh. ---- Respondent Ms. M. Asha, counsel for the petitioner/s.

Shri Y.S.Thakur, counsel for the respondent.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/12/1017 At the outset, learned counsel for the respondent would submit that during the pendency of this contempt petition, petitioner's claim was examined and a total amount of Rs.22,52,390/-, which according to the respondent, whatever amount is due and payable, has been paid to the petitioner. He further submits that though some delay caused in final decision of the matter, delay may also be condoned in the circumstances stated in the reply and for that, unconditional apology has also been tendered. Though learned counsel for the petitioner prays for some more time to seek instructions, in view of the reply in affidavit and documents attached along with the reply, it is clear that upon consideration of petitioner's claim, an amount of Rs.

22,52,390/-, which according to the respondents is due and payable, has been paid to the petitioner. This Court did not quantify the amount payable to the petitioner. Therefore, in that view of the matter, I am not inclined to proceed further in the matter. Rule is discharged. The contempt petition is closed, however, with liberty to the petitioner to raise his claim for such amount which according to him still remains unpaid through appropriate civil remedy of recovery.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti