- 1 - NC: 2025:KHC:10176-DB CCC No. 788 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.788 OF 2023 BETWEEN: M/S. NIKSHEP INFRA PROJECTS A PARTNERSHIP FIRM REGISTERED UNDER SECTION 58 OF THE INDIAN PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT NO.126 BAGINAGERE, MAGADI TALUK RAMANAGAR DISTRICT - 562 131 REPRESENTED BY ITS PARTNER SRI DHANANJAY B. S. …COMPLAINANT (BY MS. ARYA KUMAR, ADVOCATE FOR, SRI AJAY J. NANDALIKE, ADVOCATE) AND: 1. SRI DR. AJAY NAGABHUSHAN M. N. SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY TO GOVERNMENT. 2. SRI TUSHAR GIRI NATH COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N. R. SQUARE BENGALURU - 560 002. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10176-DB CCC No. 788 of 2023 3. SRI VANI CHIEF ACCOUNTS OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE N. R. SQUARE BENGALURU - 560 002. 4. SRI JAYASHANKAR THE EXECUTIVE ENGINEER MALLESHWARAM DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE N. R. SQUARE BENGALURU - 560 002. 5. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT BENGALURU - 560 001 REP. BY SECRETARY. …ACCUSED (BY SRI S. H. PRASHANTH, ADVOCATE FOR A-2 AND PROFORMA A-5) THIS CIVIL CONTEMPT PETITION IS FILED UNDER ARTICLE 215 OF CONSTITUTION OF INDIA AND SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, PRAYING TO PUNISH THE ACCUSED FOR WILLFULLY DISOBEYING THE ORDER OF THIS HON'BLE COURT DATED 06.06.2023 PASSED IN W.P.NO.11208/2023 AND ETC. THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T - 3 - NC: 2025:KHC:10176-DB CCC No. 788 of 2023 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceeding has been initiated by the complainant against the respondent/accused relating to the order dated 06.06.2023 passed by this Court in WP.No.11208/2023 (LB-BMP). 2. Ms. Arya Kumar, learned counsel appearing for Sri. Ajay J. Nandalike, learned counsel appearing for the complainant and Sri. S. H. Prashanth, learned counsel appearing for respondent/accused No.2 and pro forma respondent No.5 are present before the Court physically. 3. Learned counsel for respondents/accused submits to consider the affidavit dated 29.01.2025 filed by respondent/accused No.2 - Sri. Tushar Girinath, Chief Commissioner, Bruhath Bangalore Mahanagara Palike, Banglore. 4. Paragraph No.2 of the said affidavit indicates as under: "I state at the outset that the complainant in the instant complaint has mislead this Hon'ble Court - 4 - NC: 2025:KHC:10176-DB CCC No. 788 of 2023 in stating that the Accused has caused willful disobedience to order dated 06.06.2023 passed by this Hon'ble Court passed in WP No.11208/2023. I state that the order dated 06.06.2023 passed by the Hon'ble Court was to only consider the representation dated 03.04.2023 made by the petitioners therein. However, the Complainant has filed the instant complainant alleging that the Accused has disobeyed the order of the Court by not releasing the payment to the complainant. I state that the averment made by the complainant is deliberately misleading and is an abuse of the process of law." 5. Paragraph No.3 of the said affidavit indicates as under: "Without prejudice to the above, I state that as averred in the paras 6 to 9, the complainant was awarded contract and the complainant has thereafter submitted a bill for a sum of Rs.16,40,06,885/- to the BBMP for clearance. I state that the bill for submitted on 15.07.2022 by the complainant." 6. Paragraph No.4 of the said affidavit indicates as under: "I state that the above bill was partly cleared on seniority basis in the following manner: i. On 06.12.2023, the first tranche of payment equivalent to 50% of the bill amount was paid through RTGS No.002648 for a sum of Rs.8,20,03,443/-. - 5 - NC: 2025:KHC:10176-DB CCC No. 788 of 2023 ii. On 17.01.2024, a further sum of Rs.4,10,01,721/-, equivalent of 25% of the bill amount was paid through RTGS No.002922. A copy of the extract from the IFMS portal of the BBMP, showing the above payments that was made to the complainant is enclosed as Annexure- R1. Hence, a total amount of Rs.12,30,05,164/-, which is equivalent of about 75% of the bill amount is paid to the complainant, contrary to the statement made by the complainant that only 50% of the amount has been paid till the date. This statement is recorded in the daily order of this proceedings on 09.01.2025." 7. Paragraph No.5 of the said affidavit indicates as under: "I state that vide Government order dated 13.09.2023 and 01.12.2023 alongwith corrigendum dated 02.12.2023, based on certain allegations of irregularities in the works conducted within the jurisdiction of BBMP, for the years commencing from 2019-20 till 2022-23, has directed the BBMP to release payments on such works only to an extent of 75% of the bill amount. I state that an enquiry committee under the chairmanship of Justice Sri H N Nagamohan Das was also constituted to investigate into the allegation made and to file a report. 8. Paragraph No.6 of the said affidavit indicates as under: - 6 - NC: 2025:KHC:10176-DB CCC No. 788 of 2023 "However, the said restriction has been removed vide Government order dated 04.11.2024. As per the Government order, the entire amount payable, i.e., 100% of the bill amount, by the BBMP can be released, subject to the report to be submitted by the enquiry committee headed by Justice Sri H N Nagamohan Das and on certain conditions, mentioned therein. The conditions imposed by the abovementioned Government order dated 04.11.2024 is extracted below: 1. Besides 5% of the cost of the work (performance guarantee) which is already taken by the BBMP another 5% of the cost of the work shall be kept as further security against any defect found by the justice Nagamohan Das Committee either in the form of additional bank guarantee or withholding of equivalent amount in the bill and remaining of the 25% of the bill amount may be paid. 2. In any case where the original 5% performance guarantee has been returned the money shall be withheld to an amount of 10% of the work cost or a bank guarantee of the same amount. 3. In short, the BBMP shall keep a total of 10% of the work cost as security deposit either in the form of Bank guarantee or in the form of partial money deposit and partial bank guarantee. A copy of the Government Order dated 04.11.2024 is enclosed as Annexure-R2. 9. Paragraph No.7 of the said affidavit indicates as under: - 7 - NC: 2025:KHC:10176-DB CCC No. 788 of 2023 "I state in pursuance to the Government Order dated 04.11.2024, the Chief Commissioner, BBMP has issued an office order dated 13.11.2024, wherein the concerned officers of the BBMP are directed to release 100% of the bill amount to the contractors, subject to the conditions imposed in the Government Order w.r.t withholding the security deposit from the bill amount. A copy of the office order dated 13.11.2024 is enclosed as Annexure-R3." 10. The compliance affidavit is taken on record. 11. Keeping in view the submission made by learned counsel for the parties and the compliance affidavit dated 29.01.2025 filed by respondent/accused No.2 and provision of Section 2(b) of the Contempt of Courts Act, 1971, it is said that it does not arise for taking action against respondents/accused. Accordingly, the contempt proceeding is hereby dropped. At this stage, the learned counsel for the complainant seeks liberty. Liberty is granted as sought for. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 8