Babaji Transport Company (Registered) v. Sanjeev Gautam

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

COCP 368 of 2016 (O&M) Date of decision: 7.7.2017 Babaji Transport Company Petitioner vs.

Sanjeev Gautam Respondent

Present:

Mr. Vaibhav Gupta, Advocate.

Mr. Rajesh Garg, Sr. Advocate with Mr. Sundeep Kumar, Advocate.

M.M.S.BEDI,J.

This is a contempt petition for not implementing order dated 23.12.2015 passed by a Division Bench of this Court directing the FCI authorities to examine the matter and take appropriate decision by taking into consideration judgment dated 30.11.2015 passed in CWP No. 15954 of 2015.

During the course of arguments, a copy of order dated 22.2.2016 has been produced by the respondent alleging that as per order dated 23.12.2015, representation of the petitioner has been taken into consideration and finally decided.

Counsel for the petitioner has submitted that order passed is not in consonance with the directions given in judgment dated 30.11.2015. In view of the above, this Court is of the considered opinion that the petitioner has got an alternative remedy of challenging order dated 22.2.2016, having been passed in violation of the judgment dated 30.11.2015.

The contempt petition, in view of the above, is not maintainable at this stage and is disposed of with liberty to the petitioner to challenge order dated 22.2.2016, without prejudice to his legal rights. July 7 ,2017 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No Tapinder Singh Mann 2017.07.10 10:19 I attest to the accuracy and integrity of this document