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2022 DIGILAW 462 (AP)

Myneni Constructions And Contractors v. Gopala Krishna Diwedi, I. A. S.

2022-04-27

BATTU DEVANAND

body2022
JUDGMENT Battu Devanand, J. - This contempt case has been filed complaining wilful disobedience on the part of the Respondents in implementing the order, dated 05.11.2021 in W.P.No.25688 of 2021. 2. Head Sri G. Rama Gopal, learned counsel for the petitioner and Sri Kiran Vadlamudi, learned counsel appearing for the Respondents. 3. During the course of hearing, the learned counsel for the petitioner brought to the notice of the Court that an affidavit was filed by the petitioner vide U.S.R.No.23422 of 2022. In the said affidavit, it is stated that after filing of contempt case an amount of Rs.35,79,716/- is paid leaving a balance amount of Rs.2,61,135/- and interest. 4. Learned counsel appearing for the Respondents submits that as per the supplementary agreement, the Respondents are entitled to deduct the said amount of Rs.2,61,135/-. 5. Learned counsel for the petitioner sought permission of this Court to file civil suit against the deducted amount of Rs.2,61,135/-. 6. after considering the submissions of the respective counsels, in the considered opinion of the Court, it is appropriate to close the contempt case by recording the statement of the learned counsels on record and also granting liberty to the petitioner to approach the Civil Court, if so advised, for the balance amount. 7. accordingly, this contempt case is closed by granting liberty to the petitioner to approach the Civil Court for balance amount. 8. There shall be no order as to costs. 9. Miscellaneous petitions pending, if any, shall stand closed.