High Court of DelhiCONT.CAS(C)/885/2016

M/S Amit Brothers v. G. Mohan Kumar & ORS

2016-07-28Hon'Ble Mr. Justice Manmohan2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 885/2016 M/S AMIT BROTHERS ..... Petitioner Through Mr.Kislay Komal with Mr.Somandra Kumar, Advocates.

versus G. MOHAN KUMAR & ORS ..... Respondents Through Mr.Ruchir Mishra with Mr.Mukesh Kumar Tiwari, Advocates for R-1 to 5.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 28.07.2016 Present contempt petition has been filed alleging wilful disobedience of order dated 30th May, 2016 passed in W.P.(C) 4482/2016 whereby respondents were directed to decide petitioner's appeal against the order dated 31st October, 2015 by virtue of which petitioner's requests for renewal of enlistment was rejected within a period of two weeks.

Learned counsel for the petitioner states that no action has been taken by the respondents till date despite the fact that petitioner is willing to pay the amount of Rs.13.5 lakhs as directed by this Court. Learned counsel for the respondents who appears on advance notice states that the outstanding amount against the petitioner is Rs.20,65,455.58/- and not Rs.16.5 lakhs. He states that the

outstanding amount of Rs.20,65,455.58/- had been communicated to the petitioner vide letter dated 22nd April, 2016 i.e. prior to the filing of the initial writ petition being W.P.(C) No.4482/2016 by the petitioner.

In rejoinder, learned counsel for the petitioner states that the alleged outstanding amount of Rs.20,65,455.58/- includes certain amounts which are pending adjudication before the Arbitration Tribunal.

Today in Court the learned counsel for petitioner has handed over an FDR of Rs.13.5 lakhs issued by Allahabad Bank, Branch Ashoka Niketan, Anand Vihar, New Delhi vide Receipt No.261431 to the concerned officer Major Yashi Wangyal, GE (P) West, and the same is accepted by him.

Keeping in view the aforesaid, this Court clarifies that in accordance with the order dated 30th May, 2016, the respondents shall decide the petitioner's appeal within a period of three weeks. In view of the aforesaid observations and directions, the present contempt petition stands disposed of.

This Court, however, clarifies that it has not expressed any opinion on the merits of the controversy. The rights and contentions of all the parties are left open.

MANMOHAN, J JULY 28, 2016 KA