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2025 DAILYLAW 13775 (ORI)

SOCIETY FOR ENVIRONMENTAL PROTECTION AND HUMAN RESOURCES DEVELOPMENT v. NAVEET KUMAR NAVEEN,DY. DIRECTOR, ESIC, BBSR

CONTC/556/2025 · 2025-06-30

Sanjay Kumar Mishra

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.556 of 2025 Society for Environment Protection and Human Resources Development (SEPHRD), Bhadrak …. Petitioner Mr. Bikram Senapati, Advocate -versus- Naveet Kumar Naveen, Dy. Director, ESIC, Bhubaneswar and another …. Opposite Parties/ Contemnors Mr. Amarendra Prasad Ray, ASC CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 30.06.2025 04. This matter is taken up through hybrid mode. 2. This contempt proceeding has been initiated for alleged willful violation of the order dated 22.11.2024 passed in I.A. No.15658 of 2024, arising out of W.P.(C) No.29134 of 2024. 3. Learned Counsel for the Petitioner, drawing attention of this Court to the Bank statement as at Annexure-5 of the contempt petition, submits that, despite interim order dated 22.11.2024 passed in W.P.(C) No.29134 of 2024 and I.A. No.15658 of 2024, not to take any coercive action against the Petitioner, pursuant to garnishee order dated 29.10.2024, at the instance of the present Contemnors, HDFC Bank, KIIT University Branch has deducted an p. 2 amount of Rs.13,91,340/- from account No.59119437120889 of the Petitioner on 08.01.2025 and has remitted the said amount to the Contemnors. 4. Per contra, learned Counsel for the Opposite Parties- Contemnors, drawing attention of this Court to paragraph No.12 of the show cause submits, the HDFC Bank, KIIT University Branch was never impleaded as a party to the writ petition nor the order under Section 45-G vide No.44000075100001001-R.R./3767 issued to the said branch is under challenge in the said writ petition. 5. Apart from issuing garnishee order to the Branch Manager, Axis Bank, R.C. Behera Market Complex, Bhadrak, also a garnishee order was issued to the HDFC Bank, KIIT University Branch for recovery of the determined amount. 6. Mr. Ray, learned Counsel for the Opposite Parties- Contemnors files photocopies of the communications made by the Branch Manager, HDFC Bank, Jagannathpur Branch, Bhadrak with photocopy of demand draft after handing over copies of the same to the learned Counsel for the Petitioner in the Court. He submits, as per the instruction received today from the Contemnors, since the interim order passed by this Court was never communicated to the Branch Manager, HDFC Bank, Jagannathpur Branch, Bhadrak for compliance, honouring the Garnishee Order as detailed above, though an amount of Rs.13,91,340/- allegedly have been deducted from the said account of the Petitioner maintained in HDFC Bank, KIIT University Branch and have been sent in form of a Demand Draft in the registered address of the Contemnors, as per the instruction received today, till date the said p. 3 Demand Draft has never been received by the Contemnors through Speed Post. 7. Photocopies of communications made by the Branch Manager, HDFC Bank, Jagannathpur Branch, Bhadrak, filed in the Court be kept on record. 8. Hence, recording such submission made by Mr. Ray, learned Counsel for the Opposite Parties-Contemnors, the contempt proceeding stands dropped and disposed of with an observation, if the Contemnors have received such Demand Draft from the Branch Manager, HDFC Bank, KIIT University Branch, the same shall be returned to the concerned Bank forthwith with a forwarding letter to credit the said amount to the concerned bank account of the Petitioner. 9. The Petitioner is given liberty to produce the certified copy of this order before the concerned Branch Manager of HDFC Bank so also the Recovery Officer enabling them to act in terms of the observation made above. 10. Urgent certified copy of this order be granted as per rules. Kanhu (S.K. MISHRA) JUDGE Cuttack.