IN THE HIGH COURT OF JHARKHAND AT RANCHI
Contempt Case ( C) No. 745 of 2007
Rani Devi ........Petitioner
Versus
The State Bank of India & Others ..Opposite Parties
Coram :THE HON'BLE MR. JUSTICE R.K. MERATHIA
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For the Petitioner : Mr. Atanu Banerjee, Advocate
For the Opposite Parties : Mr. Rajesh Kumar, Advocate
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3/19.2.2009
This Contempt Petition has been filed for alleged non
compliance of the order dated 22.6.2006, passed in W.P.(S) No. 5314 of
2005. The operative portion of the said order reads as follows:-
” This writ petition is accordingly, disposed of with
liberty to the petitioner to furnish the date and proof of
marriage with the deceased-Mochiram Modak and on
furnishing such proof, if it is found that marriage with
petitioner was solemnized during the service, the
Respondent-Bank shall process the case for family
pension and settle the same within a period of three
months from the date of receipt of the proof”.
According to Mr. Banerjee, appearing for the petitioner, a
certificate from “Halka Karamchari” to show that the petitioner was
married with the deceased on 22.4.1965 was furnished in support of
date and proof of marriage.
On the other hand, Mr. Rajesh Kumar, appearing for the
opposite parties, pointed out to the affidavits sworn by the petitioner to
show that in one affidavit allegedly sworn on 17.7.2006, she gave her
date of marriage as 22.4.1965, whereas in other purported affidavit dated
6.3.2006, she gave her date of marriage as 13th Baisakh 1390 BS, which
comes to 26th April, 1984. Therefore, he submitted that petitioner has
not complied with part of the order which was to be complied by her so
far as furnishing the date and proof of marriage is concerned. He further
submitted that if petitioner complies with her part, as per the order in
question, to the satisfaction of the opposite parties, the opposite parties
are ready to comply with the order.
In the facts and circumstances, noticed above, it is not
possible to hold that the opposite parties have committed Contempt of
Court. Accordingly, this Contempt Petition is dismissed with liberty to
the petitioner to comply with her part, as per the order in question.
( R.K. Merathia, J)
Rakesh/