M/S M. K. Video Shooting And Photography v. Shri O. P. Choudhary

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 100 of 2017 M/s M. K. Video Shooting & Photography Shastri Bazar, Raipur, Through Its Proprietor Shri Mahesh Kumar Satwani, Aged About 50 Years, S/o Arjun Das Satwani, Shastri Bazar, Main Road, Raipur, Chhattisgarh ---- Petitioner

Versus

Shri O. P. Choudhary District Election Officer Cum Collector, District Raipur, Chhattisgarh ................(Contemnor) ....Respondent For Petitioner :

Mr. Manish Nigam, Advocate.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 17/02/2017 Heard on admission.

1.

Learned counsel for the petitioner alleges willful disobedience of order dated 26.04.2016 by which this Court had directed consideration of petitioner's claim of payment or in the event of rejection to inform the petitioner by speaking order in writing.

2.

Learned counsel for the petitioner submits that out of total claim, Rs.1,26,47,417/- have already been paid to the petitioner but the balance amount has not been paid. Therefore, it is a case of willful disobedience. 3.

It appears that a substantial amount claimed by the petitioner has been paid to him but it is not the full payment as claimed by the petitioner. Therefore, in these circumstances, I do not find that it is a case of willful disobedience. In respect of the payment which have not been made to the petitioner, the petitioner may take recourse to the remedy of seeking recovery under the civil law.

4.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha