High Court of Punjab and HaryanaCOCP/2829/2018dismissed

Raj Devi v. Sukhdev Singh

2019-05-30President-Lok Adalat2 pages

CM-12249-CII-2019 in/and COCP-2829-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-12249-CII-2019 in/and COCP-2829-2018 Date of Decision: May 30, 2019 Raj Devi .....Petitioner

Versus

Sukhdev Singh ......Respondent CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.Manu Loona, Advocate for the petitioner.

Mr.SPS Tinna, Advocate for the respondent.

........

NIRMALJIT KAUR, J. (ORAL) CM-12249-CII-2019 Application is allowed. Reply taken on record. COCP-2829-2018 The contempt is filed for non-compliance of the order dated 10.12.2015 vide which the only direction issued was to decide the legal notice dated 01.09.2015.

Reply was filed. As per the said reply, the order had been complied with way back on 04.05.2016, on which date the speaking order has been passed. The said speaking order has also been placed on record as Annexure R-1. It is further stated in the reply that the amount due to the petitioner has already been paid and therefore, no contempt is made out. In view of the above, the contempt petition is dismissed. MEENU 2019.05.31 13:33 I attest to the accuracy and authenticity of this document chandigarh

CM-12249-CII-2019 in/and COCP-2829-2018 -2Rule issued against the respondent stands discharged. In case the petitioner is still aggrieved, in any manner, from passing of the said speaking order and if it is not upto his satisfaction, she is at liberty to challenge the same in accordance with law. At this stage, learned counsel for the petitioner states that he had already filed CWP No.27691 of 2017, but withdrawn the same to initiate contempt proceedings and therefore, he cannot file writ petition. This argument cannot be sustained as CWP No.27691 of 2017 was filed without challenging the speaking order which already stood passed. Taking into account that the speaking order had already been passed, the order directing the respondents to deposit costs of `5,000/- is recalled.

May 30, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2019.05.31 13:33 I attest to the accuracy and authenticity of this document chandigarh