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2025 DAILYLAW 22994 (GAU)

Sh. Virendra Jakhar and 3 Ors. v. Smt. T. Lalramchhuani and 5 Ors.

I.A.(Civil)/181/2025 · 2025-10-21

Yarenjungla Longkumer

Review Petitionbody2025

Judgment text

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Page No.# 1/4 GAHC030006952025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/181/2025 Sh. Virendra Jakhar and 3 Ors. Executive Director NHIDCL 2nd Floor, T-86 Tuikhuahtlang, Aizawl Mizoram VERSUS Smt. T. Lalramchhuani and 5 Ors. D/o Late T Malsawma R/o Keifang Vengsang Saitual District Advocate for the Petitioner : Mr T Lalzekima Advocate for the Respondent : Mr A.R. Malhotra B E F O R E HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 22.10.2025 This is application has been filed by the applicant, who are the contemnors in the connected Contempt Case No. 14/2025. Page No.# 2/4 2. Mr. T. Lalzekima, learned counsel for the applicant/appellant as well as Mr. C. Tlanthianghlima, learned counsel for the respondents/petitioners. 3. The contemnors/applicants herein have stated that they have filed a review petition before the Honorable Division Bench, praying for review of the Judgment & Order dated 24.10.2024 passed in Writ Appeal No. 10/2024. And by an Order dated 28.07.2025, the Review Court in Review Petition No. 2/2025 had observed that arbitration proceedings are presently pending before the Arbitrator appointed in terms of Section 3G(5) of the Act of 1956 and there has been no disbursal of the amount in favor of the respondent Nos. 1 to 6. Taking into account that the Arbitrator is in session of the said proceedings, the Review Court observed that the directions passed by the Division Bench to disbursed the amount by the competent authority shall not affect the powers of the learned arbitrator to pass appropriate measure in terms of Section 17 of the Act of 1996, if an application is filed before the Arbitrator by the review applicants and a case is made out for issuing interim measures. The Review Court also observed that the learned Arbitrator would have the power under Section 17 of the Act of 1996, to pass interim measures for protection of the amount so directed to be disbursed to the respondent Nos. 1 to 6 vide Judgment & Order dated 24.10.2024. Page No.# 3/4 4. In view of such observations made in Review Petition No. 2/2025, it is stated that the applicants have filed the Arbitration Case No. NHIDCL (2) of 2025 and the matter has been taken up before the Arbitrator. In the meantime, the opposite parties/petitioners have filed the contempt petition being Cont.Cas No. 14/2025 on 08.04.2025, for non-compliance of the Judgment & Order dated 24.10.2024 passed in Writ Appeal No. 10/2024. 5. The learned counsel has therefore prayed that the proceeding of the Cont.Cas No. 14/2025 may be kept in abeyance till the disposal of the Arbitration Case No. NHIDCL (2) of 2025 which is pending before the Arbitrator, Land Acquisition-Mizoram, Ministry of Road Transport & Highways, Govt. of India. 6. Also heard learned counsel for the petitioners/opposite parties, who has objected to the present IA in view of the fact that the subject matter in the contempt petition is purely with regard to non-compliance of Judgment & Order dated 24.10.2024 passed in Writ Appeal No. 10/2024 and which is completely different jurisdiction and different subject matter and the arbitration proceeding has no connection with the instant Contempt Petition No. 14/2025. 7. This Court has considered the submissions made by the learned counsel Page No.# 4/4 for the parties and is of the view that the contemnors/applicants herein, can take the grounds which are set out in the present IA in their affidavit before the Court in Cont.Cas No. 14/2025 and this Court in the present IA is not inclined to keep the contempt proceedings in Cont.Cas No. 10/2025 in abeyance, in as much as, the Judgment & Order dated 24.10.2024 passed in Writ Appeal No. 10/2024 has not been complied with by the contemnors/applicants till date. 8. The I.A.(Civil) No. 181/2025 is accordingly dismissed and stands disposed of. JUDGE Comparing Assistant