M/S Uday Distributors and Anr v. B Kalyan Chakravarthy and Ors

ORDER

26.06.2024

¶1Heard Mr. R. Singha, learned counsel for the petitioner and Mr. N.J. Khataniar, learned counsel for the respondent nos.3, 4 & 5. Mr. A. Chaliha, learned counsel appears for the respondent nos.2 & 6.

¶2The only issue left is with regard to non-payment of earnest money amounting to Rs.50,000/- (Rupees fifty thousand).

¶3Mr. N.J. Khataniar, learned counsel for the respondent nos.3, 4 & 5 has submitted letter dated 15.06.2024 issued by the Director, Secondary Education, Page No.# 3/4 Assam, which is to the following effect : "To : The Senior Standing Counsel, Department of School Education, Gauhati High Court, Guwahati – 01 Sub : Regarding Cont. Case No. 352/2022 filed by Uday Distributors Ref. : Hon'ble High Court's order dated 06-06-2024 passed in Cont. Case No. 352/2022

Sir, With reference to the subject and the Hon'ble High Court's order under reference, I have the honour to inform you that, after thorough search, this Directorate could not trace out any such draft amounting to Rs.50,000/- as earnest money submitted by Uday Distributors. In this regard, it is to inform you that his Directorate may take appropriate measures with the concerned Bank for issuance of a duplicate draft provided, the petitioner furnishes the receipt of the said Demand Draft or photocopies of the same. With the above submission, you are requested to place the matter before the Hon'ble Court."

The letter dated 15.06.2024 is made a part of the record and marked as Annexure-X.

¶4Mr. R. Singha, learned counsel for the petitioner submits that he had communicated with the bank and he has been informed that if the Directorate of Secondary Education, Assam submits an FIR to the concerned police station, regarding the untraceability of the earnest money deposit of Rs.50,000/- and Page No.# 4/4 copy of the same is provided to the petitioner along with the forwarding letter, the petitioner will take up the matter with the concerned bank.

¶5Mr. R. Singha submits that as a copy of the FIR dated 20.06.2024 submitted by the Director, Secondary Education, Assam to the O.C., Bhagadattapur Police Station, Kahilipara, Guwahati has been furnished to him, the matter can be closed.

¶6In view of the submission made by the counsels for the parties, the contempt petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010126762022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/352/2022o M/SoUDAYoDISTRIBUTORSoANDoANRo REP.oBYoITSoPROPRIETORoUTTAMoDUTTA,oHAVINGoITSoOFFICEoAToHOUSEo NOo24,oSWAHIDoPATH,oSURVEYoBELTOLA,oGUWAHATI-28,oDIST-oKAMRUPo (M),oASSAM 2:oUTTAMoDUTTA oS/O-oLATEoUDAYoDUTTAo R/O-oHOUSEoNOo24 oSWAHIDoPATH oSURVEYoBELTOLA oGUWAHATI-28 oDIST-oKAMRUPo(M) oASSAo VERSUSo BoKALYANoCHAKRAVARTHYoANDoORSo PRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oSECONDARYo EDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:SAMIRoSINHA oPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoFINANCEo oDISPUR oGUWAHATI-6 3:MAMATAoHOJAI oDIRECTORoOFoSECONDARYoEDUCATION oKAHILIPARA oGUWAHATI-19 4:DR.oBIJOYAoCHOUDHURY oSECRETARY Page No.# 2/4 DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006. 5:SHRI NARAYAN KONWAR SECRETARY DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 6:SRI JAYANT NARLIKAR COMMISSIONER AND SECRETARY DEPARTMENT OF FINANCE GOVERNMENT OF ASSAM DISPUR GUWAHATI-78100 Advocate for the Petitioner : MR R SINGHA Advocate for the Respondent : MR. D SAIKIA (R BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA