IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
COCP No.1700 of 2009 (O&M)
Date of decision: October 27, 2009.
Sangatpura Cooperative L&C Society Ltd. ...Petitioner(s)
v.
Shri Suresh Kumar & Ors. ...Respondent(s)
CORAM:HON’BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Shri M.K. Dogra, Advocate, for the petitioner.
Shri M.C. Berry, Additional Advocate General, Punjab.
Rakesh Kumar Garg, J. (Oral):
The contention of the petitioner in this case is that despite the
directions dated 28.5.2008 issued by this Court in CWP No.9568 of 2008
whereby the respondents were directed to make the payment of the amount
found due to it within one month, the same has not been paid to it in spite of
the fact that vide order dated 2.9.2008, the Competent Authority had found
that the petitioner is entitled to a sum of Rs.7,96,000/- and therefore, the
respondents are guilty of committing contempt of this Court.
In response to the show cause notice issued by this Court,
separate replies have been filed on behalf of the respondents wherein it has
been submitted that in pursuance of the speaking order Annexure P-2, a sum
of Rs.7,29,058/- after deduction of income tax etc. is being paid to the
petitioner.
Shri Berry has handed over a demand draft to the learned
counsel for the petitioner for the aforesaid amount.
In view of the fact that the payment of admitted claim of the
petitioner has been made, I am not inclined to proceed further in this
petition.
Rule discharged.
However, the petitioner shall be at liberty to seek recovery of
his remaining amount, if any, in accordance with law.
October 27, 2009. [ Rakesh Kumar Garg ] kadyan Judge