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2016 DIGILAW 526 (GAU)

Shandar Paints Industry & Ors. v. Viney Kumar Paul & 2 Ors.

2016-06-08

AJIT SINGH, SUMAN SHYAM

body2016
Ajit Singh; CJ.:-- 1. Mr. G.N. Sahewalla, learned senior counsel & Ms. N Gogoi, learned counsel for the petitioners. 2. Mr. S.C. Keyal, learned Assistant Solicitor General of India for the respondents. 3. These applications have been filed for initiating contempt proceedings against the respondents for willfully disobeying order dated 20.11.2014 passed by the Division Bench of this High Court in WP(C) No. 240/2013 and other connected writ petitions. Admittedly, order dated 20.11.2014 has been challenged by the Union of India before the Supreme Court and the Supreme Court while entertaining the leave to appeal has passed the following interim order: “Heard. Pending further orders, we direct that subject to the petitioners releasing 50% of the amount due to the respondent in terms of the impugned judgment on the respondents’ furnishing solvent surety to the satisfaction of the jurisdictional commissioner, the operation of the impugned judgment shall remain stayed. We further direct that contempt proceedings initiated against the petitioners shall subject to their releasing 50% of the amount as stated above remain stayed. The needful shall be done within four weeks from today. I.A. No. 3 of 2015 is accordingly allowed and disposed of.” 4. It is stated on behalf of the respondents that in compliance of the above quoted interim order of the Supreme Court, after calculation, appropriate amount has been paid to the petitioners. 5. As the amount has been paid to the petitioners in compliance of the interim order of the Supreme Court, we find no justification to proceed further with the present contempt petitions. We, however, make it clear that if the petitioners are not satisfied with the amount paid, they shall be at liberty to raise the issue afresh. With the above observation, the contempt petitions stand finally disposed of.