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2025 DAILYLAW 42150 (ALL)

M/S TARUN SHARMA FOOD SERVICES v. SHRI SANJAY RAJPUT, PRINCIPAL VILLAGE DEVELOPMENT INSTITUTE BICHPURI

CAPL/1701/2025 · 2025-04-15

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55487 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1701 of 2025 Applicant :- M/S Tarun Sharma Food Services Opposite Party :- Shri Sanjay Rajput, Principal Village Development Institute Bichpuri Counsel for Applicant :- Sundeep Agarwal Hon'ble Piyush Agrawal,J. (Ref:-Civil Misc. Amendment Application No. of 2025) The aforesaid application, filed in Court today, is allowed. Let necessary amendment be incorporated in the array of parties during the course of the day. CONTEMPT APPLICATION (CIVIL) No. - 1701 of 2025. Heard learned counsel for the applicant. Vide order dated 02.01.2025 passed in Writ C No. 34527/2024 filed by the applicant, the writ Court directed as under: "In such circumstances, we dispose of this petition with the direction to respondent No.5 to accord consideration to petitioner's claim in terms of the applicable scheme/contract, by passing necessary orders within a period of two months from the date of presentation of a copy of this order. It goes without saying that all admitted dues of the petitioner, found payable as per the contract, if any, would be released to petitioner within a further period of one month thereafter. Specific reasons would be disclosed in the event petitioner's claim is not accepted and it shall be open for the petitioner to pursue further remedies in respect of such order, if any, in terms of the scheme and accordance with law." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 09.01.2025, but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie, a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within a month from the date of production of a copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate him of the order through the self-addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned. Order Date :- 16.4.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad