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.
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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
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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. )