M/S Narula Buildwell Pvt Ltd v. Bikram Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : 04.07.2025 M/s NARULA BUILDWELL PVT. LTD.

.... Petitioner

VERSUS

BIKRAM SINGH, TRUST ENGINEER .... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. B.S. Jaswal, Advocate for the petitioner. Mr. Navdeep Chhabra, Advocate for the respondent. ALKA SARIN, J. (ORAL) 1.

The present contempt petition has been filed under Sections 10 and 12 of the Contempt of Courts Act, 1971 for violation of the order dated 23.09.2024 passed in CWP-24480-2024. The operative part of the order dated 23.09.2024 reads as under :

'Accordingly, in view of the above, with the consent of the parties and without commenting anything on the merits of the case, the present petition is disposed of while directing respondent No.5-the Trust Engineer, Amritsar Improvement Trust, Amritsar to consider and decide the Legal Notice dated 29.04.2024 (Annexure P-6) by passing a reasoned and speaking order after affording an opportunity of hearing to the respective parties within

-2a period of three months from the date of receipt of certified copy of this order.

Needless to mention that upon considering the said Legal Notice, if any amount is found due and payable to the petitioner, the same shall be disbursed in his favour within a further period of three months.

In the event of non-payment of dues within the abovesaid period, the same shall be released along with interest @ 6% per annum from the date of filing of present petition to be paid to the petitioner and further subject to additional payment of costs of Rs.50,000/- to be deposited with the Poor Patient Welfare Fund (PPWF) of Post Graduate Institute of Medical Education & Research, Chandigarh. The said additional financial liability of Accrued interest and costs shall be subject to recovery from the erring official.

Petition stands disposed of accordingly'.

2.

Learned counsel for the respondent has filed an affidavit dated 04.07.2025 of Bikram Singh, XEN, Improvement Trust, Amritsar along with a copy of the speaking order dated 18.06.2025 which had been passed after affording an opportunity of hearing to the petitioner. In the said order it has been held that the amount would be payable after repair work is done. 3.

Learned counsel for the petitioner disputes that any work is required to be done by the petitioner.

-34.

Heard.

5.

In the petition filed under the Contempt of Courts Act, 1971 this Court possibly cannot go into the merits or demerits of the order passed. As per the speaking order dated 18.06.2025 it has been held that there is some repair work required and only thereafter will the amount be paid. What the learned counsel for the petitioner in effect is wanting this Court to do, while exercising the jurisdiction under the Contempt of Courts Act, 1971, is to go into the merits and demerits of the case as also the order which cannot be done.

6.

In view of the above, the present contempt petition is dismissed. 7.

Pending applications, if any, also stand disposed off. 04.07.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No