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Calcutta High CourtWPCRC/95/2018disposed

Sobha Rani Mal v. Pawan Mehta & ORS

2021-03-19Hon'Ble Justice Ravi Krishan Kapur2 pages

March 19, 2021 ARDR (29) Re : WPCRC 95 of 2018 With WPA 2890 of 2016 Sobha Rani Mal Vs.

Pawan Mehta & ors.

Mr. Pingal Bhattacharjee, ...for the petitioner/applicant.

Mr. Anuran Samanta, ...for the Contemnor.

This is an application for contempt of an order dated 7th June, 2016 passed by a coordinate Bench of this Court.

The grievance of the petitioner/applicant is that notwithstanding a categorical direction in the order dated 7th June, 2016 the petitioner/applicant have not been paid any family pension in terms of the said order.

The Union of India is represented and submits that in compliance with the order dated 7th June, 2016 the petitioner has received the entire family pension up to the month of January, 2021.

This submission is not controverted by the petitioner/applicant.

The petitioner/applicant further seeks interest on the aforesaid payment and also submits that the family pension for the month of February, has not been paid.

I have heard the parties. I have also considered the submissions made on their behalf.

In respect of the claim for interest, I am of the view that the same is beyond and outside the scope of the contempt petition.

In view of the submissions made by the learned counsel appearing on behalf of the Union of India that payment has been made till the month of the January there is no scope of passing any order at this stage. The respondent Union is directed to implement the order dated 7th June, 2016.

In view of the aforesaid directions, WPCRC 95 of 2018 stands disposed off. However, there shall be no order as to costs.

Accordingly the contempt petition stands disposed off.

However, the petitioner/applicant is granted liberty to file appropriate proceeding, if so advised, in so far as interest component is concerned.

(Ravi Krishan Kapur, J.)