R.S Misra v. Dharmendra Pradhan

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 208/2023 & CM APPL. 8433/2023 R.S MISRA .....Petitioner Through:

Ms. Aakansha Kaul, Advocate along with petitioner in person.

versus DHARMENDRA PRADHAN .....Respondent Through:

Mr. S. Rajappa, Mr. R. Gowrishankar, Ms. G. Dhivyasri and Mr. R.P. Tiwari, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 19.11.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 seeks the following prayers: "(i) To initiate contempt proceedings against the Respondents or willful disobedience of the order dated 10-12-2019 passed in WP(C) No.3488/2017.

(ii) To force the Respondents to implement the order dated 1012- 2019 passed in WP(C) No. 3488/2017. (iii) To award exemplary cost in favour of the petitioner. (iv) To pass such other and further order as this Hon 'ble Court may deem fit and proper in view of the facts and circumstances of the case."

3.

The present petition alleges wilful disobedience of the order dated 10.12.2019 in W.P.(C) 3488/2017 whereby the learned Division Bench of this Court had passed the following directions:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

"31. In that view of the matter, the Court sets aside the impugned orders dated 2nd September and 2nd November 2016 of the CAT and remands the matter to the CAT for a decision afresh keeping in view all the above facts and circumstances.

32. Given the long history of the litigation, the CAT is requested to dispose of O.A. No.187/2015 afresh within six months from the date of receipt of a certified copy of this order. The Petitioner and the Respondents shall cooperate with the CAT and not seek unnecessary adjournments. On the very first day fixed by the CAT for hearing of O.A. No.187 /2015 pursuant to this order, the Respondent KVS shall produce the entire records pertaining to the Petitioner before the CAT for its perusal. Thereby, even if the KVS chooses not to file a reply, the CAT can proceed to dispose of the O.A. No.187/20 15 finally within the time as directed by this Court.

33. The writ petition is disposed of in the above terms with costs of Rs.10,000 which shall be paid by KVS to the Petitioner within four weeks. Proof of payment of such costs be produced by the KVS before the CAT on the first date when the matter is listed there pursuant to this order. The pending applications are also disposed of."

4.

Perusal of the record would reflect that the present petition was filed on 20.02.2021 and notice to the respondent was issued for the first time on 26.03.2025. The record would further reflect that the matter was being adjourned on account of non-appearance of the petitioner on various dates. 5.

Learned counsel for the respondent has handed up in Court today the order dated 22.03.2022 in O.A. No. 187/2015 passed by learned CAT, Principal Bench, New Delhi, in pursuance of the directions issued by the learned Division Bench vide the said order. The said order is taken on record. 6.

Vide the aforesaid order, the learned CAT has dismissed the O.A. preferred by the petitioner. Copy of the same has been supplied to the petitioner, who appears in person. It is further pointed out that cost of Rs. 10,000/- had also been paid to the petitioner. 7.

In view of the above, no further directions are called for. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The petition is disposed of accordingly.

9.

Pending application(s), if any, also stands disposed of. 10.

Needless to say that the petitioner is at liberty to initiate appropriate proceedings in accordance with law with respect to the aforesaid order passed in OA 187/2015.

AMIT SHARMA, J NOVEMBER 19, 2025/bsr/db The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.