M/S.Hotel Raj Kamal v. L.N.Gupta

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.1141 of 2017 M/s. Hotel Raj Kamal, Kandhamal ....

Petitioner Mr. Laxman Pradhan, Advocate -versusL.N. Gupta, I.A.S. & Others ....

Contemnors/ Opp. Parties Mr. Arnab Behera, ASC

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. SAHOO ORDER (Oral) 14.12.2022 (Hybrid Mode) Order No.

05. 1. The present contempt has been filed for the alleged willful disobedience of the order dated 16th September, 2016 passed by this Court in O.J.C. No. 6274 of 1998, whereby the petitioner was held to be entitled to the release of capital investment subsidy along with interest.

2.

The stand of the Contemnors/Opposite Parties was that a SLP against the aforesaid order had been preferred by the Department. However, Mr. Behera, learned Additional Standing Counsel admits that the SLP stands dismissed vide Order dated 14th October, 2022 passed by the Hon'ble Supreme Court. He thus assures the Court that the required admissible benefit in terms of the order dated 16th September, 2016 shall be positively released to the

// 2 // petitioner within six weeks from today but not later than 31st of January, 2023.

3.

In view of the above, learned counsel for the petitioner has no objection for disposal of the present Contempt Petition.

4.

With the aforesaid observation, the present Contempt Petition stands disposed of as infructuous.

The Sanctioning Authority would be bound by the aforesaid stand made through the counsel, failing which, the petitioner shall be entitled to a further interest on the delayed payment at the contractual rate to be borne personally by the Sanctioning Authority.

(Jaswant Singh) Judge (M.S. Sahoo) Judge Balaram/Sipun 14th December, 2022 Cuttack