Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 284 of 2005 Petitioner :- Teja Respondent :- Sri I.P. Uttam, Executive Officer Petitioner Counsel :- A.K. Saxena Respondent Counsel :- S.C.,K.M.Mishra Hon'ble Vikram Nath,J.
Heard the learned counsel for the applicant.
Even though the case has been taken up in the revised call, no one
is present on behalf of the opposite parties although the name of
Sri K.M. Mishra, Advocate has been printed from the side of the
opposite parties.
The directions of this Court have admittedly been partly complied
with. The issue, which remains, is payment of 9% interest. In the
supplementary affidavit filed by the applicant on 13.2.2007, he had
alleged that an amount of Rs.68,006/- was still lying unpaid
towards interest due to him. The calculations had been annexed
with the said affidavit.
From the order sheet it appears that the learned counsel for the
opposite parties took time on 22.3.2007 and 6.7.2007 but till date
no reply has been filed. Further from the order sheet it appears that
the case had been passed over on the illness slip of the learned
counsel for the opposite parties on 3.8.2007, 16.8.2007,
12.11.2008 and 19.11.2008. Further this Court passed an order on
11.12.2008, in the absence of the learned counsel for the opposite
parties, recording that although no reply had been filed to the
supplementary affidavit, referred to above, he is still granted
another opportunity of two weeks for filing a reply. More than a
year has elapsed since the last order was passed in this case.
According to the learned counsel for the applicant he has not
received any reply to the said supplementary affidavit. The matter
is pending before this Court since 2005 and the order of this Court,
non-compliance of which is alleged, is dated 29.10.2004. The
applicant, who is already retired, is being harassed on account of
inaction on the part of the opposite parties and prima facie there
appears to be deliberate non-compliance of the directions of this
Court .
O.P. No.2, P.N. Singh, Executive Officer, Nagar Palika Parishad,
Etawah or whoever is presently posted as the Executive Officer,
Nagar Palika Parishad, Etawah shall remain present before this
Court on the next date fixed along with a bank draft in favour of
the applicant of the full amount of interest due to the applicant as
claimed in the supplementary affidavit of 13.2.2007, failing which
the Court will proceed further in the matter.
The Registrar General of this Court will ensure that the copy of
this order is served upon O.P. No.2, P.N. Singh, Executive Officer,
Nagar Palika Parishad, Etawah or whoever is presently posted as
the Executive Officer, Nagar Palika Parishad, Etawah within a
week from today.
List on 19.1.2010.
Order Date :- 6.1.2010
pk