High Court Patna High Court - Orders

Most. Siya Jannki Devi vs The State Of Bihar &Amp; Anr. on 23 February, 2011

Patna High Court – Orders
Most. Siya Jannki Devi vs The State Of Bihar &Amp; Anr. on 23 February, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 MJC No.2917 of 2009
                    MOST. SIYA JANNKI DEVI, W/O SIGASHAN
                    PANDIT, DEED, R/O VILLAGE BASARA, P.O.
                    MANJHAWALIA, P.S.MANJHAWALIA, DISTT-
                    BETTIAH(WEST CHAMPARAN), AT PRESENT
                    VILLAGE GAUNAHA, P.O. AND P.S GAUNAHA,
                    DISTT-BETTIAH                       (WEST
                    CHAMPARAN)................................PETITIONER
                                        Versus
                     1. THE STATE OF BIHAR THRU ITS AGENCY CO-
                        OPERATIVE MARKETING UNION LTD.
                        (BISCOMAUN) AT BISCOMAUN BHAWAN,
                        PATNA.
                     2. ASHOK KUMAR JHA, MANAGING DIRECTOR
                        OF THE BIHAR STATE CO-OPERATIVE
                        MARKETING UNION LTD, (BISCOMAUN) AT
                        BISCOMAUN                     BHAWAN,
                        PATNA.................................RESPONDENTS.
                                       -----------

05/ 23-Feb-2011 Heard the parties.

2. Learned counsel for the BISCOMAUN

submits that in principle a decision has been taken to pay

the entire admissible dues amounting to Rs.4,34,919/- to

the petitioner and in token thereof an account payee

cheque dated 22.02.2011 for one fourth of the aforesaid

amount approximately, Rs.1,08,730/- has been kept

ready for the petitioner.

3. Learned counsel for the petitioner has accepted

the said account payee cheque on behalf of the petitioner.
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4. On behalf of the BISCOMAUN it has been

pleaded that on account of financial difficulties the

remaining amount may be permitted to be paid in three

further equal instalments so that the last instalment may

be paid within nine months from today.

5. Learned counsel for the petitioner submits that

he has not been given any calculation of the payable

amount so that its correctness may be verified. He also

wants the balance amount to be paid at the earliest.

6. Considering the order of the writ Court and the

aforesaid stand of BISCOMAUN, this contempt petition

is finally disposed of with a direction to BISCOMAUN

to furnish a chart of calculation to the counsel for the

petitioner within two weeks from today. It is further

directed that the balance amount must be paid as per

request of BISCOMAUN in maximum three further

instalments within nine months from today. If the

instalments are delayed beyond that period, this Court

will impose cost and interest in any future proceeding.

7. It goes without saying that if the petitioner

feels that the calculation suffers from any error, in that

event, she will be entitled to approach BISCOMAUN
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through representation which should be disposed of

expeditiously, preferably within one month from the date

of filing of the representation. In case, the petitioner is

not satisfied with the order on representation, she would

be at liberty to take appropriate action in accordance

with law.

(Shiva Kirti Singh, J.)
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