High Court Patna High Court - Orders

Bihar State Fiancial Corporati vs Uttam Kumar on 29 June, 2011

Patna High Court – Orders
Bihar State Fiancial Corporati vs Uttam Kumar on 29 June, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 MJC No.1123 of 2007

                   The Bihar State Financial Corporation, Fraser Road,
                   Patna, through its Managing Director
                                         --- Respondent no.1 --
                   Petitioner.
                                       Versus
                   Uttam Kumar, son of Sri Nand Kumar Singh, resident of
                   Mohalla-East      Munna      Chak,      Kankarbagh,   P.S.
                   Kankarbagh, District- Patna
                                  ---- Respondent No.4--- Opposite Party.
                                                 ----------

10. 29.6.2011 Mr. Raju Giri for the petitioner, and Mr. Prem

Kumar Jha for the opposite party, are present. This

application under Section 12 of the Contempt of Court’s Act,

1971, read with Article 215 of the Constitution of India, has

been filed by respondent of C.W.J.C. No. 10408 of 2002

(Dinkar Prasad Sinha V. The Bihar State Financial

Corporation & Ors.), for the alleged non-implementation of

the order dated 27.3.2006 (Annexure-1), whereby

contemner-opposite party herein (the writ petitioner) was

directed to reimburse the amount in question to the petitioner

herein.

We have perused the materials on record and

considered the submissions of the learned counsel for the

parties. In view of the defiant approach of the contemner,

this Court had issued non-bailable warrant of arrest against
2

him (the opposite party) by order dated 6.5.2011. He was

arrested and produced in Court on 22.6.2011. As prayed for

by learned counsel for the opposite party on that day, the

matter was directed to be placed today on which date he

shall be ready with demand draft of the amount in question.

The contemner was remanded to judicial custody and was

lodged in Central Jail, Beur, Patna.

The contemner has today been produced from

judicial custody today and hands over demand draft no.

214581, dated 23.6.2011, for Rs.1,30,297/-(one lakh thirty

thousand two hundred ninety seven only), to the learned

counsel for the petitioner in due discharge of his obligation

under the order in question. Learned counsel for the

petitioner expresses satisfaction over implementation of the

order, and does not wish to proceed with this matter any

further. The contemner is directed to be released from

judicial custody.

This application is accordingly disposed of.

Vinay/                           ( S. K. Katriar,J. )