High Court of DelhiCONT.CAS(C)/944/2016

Manglam Express Cargo Pvt Ltd v. A K Puthia & ANR

2016-08-19Hon'Ble Mr. Justice Manmohan2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 944/2016 & C.M.No.29306/2016 MANGLAM EXPRESS CARGO PVT LTD ..... Petitioner Through Mr.Ashish Mohan, Advocate.

versus A K PUTHIA & ANR ..... Respondents Through Mr.Jagjit Singh with Mr.Preet Singh and Ms.Kiran Kaushik, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 19.08.2016 Present contempt petition has been filed alleging wilful disobedience of order dated 29th July, 2016 passed in W.P.(C) 6591/2016 whereby the order dated 1st July, 2016 passed by the respondents was set aside by virtue of which petitioner's registration, existing contracts were cancelled as well as registration fee and security deposit were forfeited and petitioner was blacklisted for a period of five years on the ground of excessive overloading and the matter was remand back to the Appellate Authority for a fresh decision after supplying the requisite documents to the petitioner. Learned counsel for the petitioner states though the blacklisting order dated 1st July 2016 was set aside in the aforesaid order passed by this Court, yet the petitioner has not been allowed to operate its existing contracts.

Issue notice.

Mr.Jagjit Singh, Advocate accepts notice on behalf of the respondents. Mr.Jagjit Singh on instructions of Mr.Sandeep Gahlot, DCM, Freight, Delhi Northern Railways who is personally present in Court states that in the order dated 29th July, 2016, there was no direction for restoring the petitioner's existing contracts. In the opinion of this Court once the impugned order of blacklisting was set aside, the respondents were obliged in law to allow the petitioner to operate its existing contracts till a final decision is taken in accordance with the remand order. At this stage, Mr.Jagjit Singh on instructions states that the petitioner's existing contracts shall be restored on or before 23rd August, 2016. The statement made by Mr.Jagjit Singh is accepted by this Court and the respondents are held bound by the same. In view thereof, present contempt petition and the application stand disposed of.

MANMOHAN, J AUGUST 19, 2016 KA