Go-2518M M L Agarwal v. Vinay Kawatra and 3 Ors

ORDER

24.01.2024 Heard Mr. D. Borah, learned counsel for the petitioner. Also heard Mr. R. K. D. Choudhury, learned counsel appearing for the respondents, who has invited the attention of this Court to the statements made in paragraph 3 of the affidavit filed on behalf of the respondent No.4 to submit that the amount as directed by this Court, has already been paid to the petitioner. Therefore, the order of this Court has been complied with. It appears from the statements made in paragraph 3 that a sum of Rs.16,698/- has actually been paid to the petitioner in excess. The said stand of the respondents has not been denied by the petitioner by filing rejoinder affidavit. However, Mr. Borah submits that the petitioner is not satisfied with the computation of the amount. Even if the said submission of the petitioner's counsel is accepted even then, the same, in the opinion of this Court, would give rise to a fresh cause of action and therefore, this aspect of the matter cannot be dealt with in a contempt case. In view of the above, by granting liberty to the petitioner to agitate his grievance, if any, pertaining to the correctness of the computation of amount paid to him by the respondents in terms of the order of this Court, this Page No.# 3/3 Contempt Case stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010128502022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/368/2022o GO-2518MoMoLoAGARWALo S/OoSHRIoKASTURoCHANDoAGARWAL,oP/R/OoGANDHIoSAGAR,oDIST- MANDSAUR,oMADHYAoPRADESH-458771 VERSUSo VINAYoKAWATRAoANDo3oORSo SECRETARY,oMINISTRYoOFoEXTERNALoAFFAIRS,oSOUTHoBLOCK,oNEWo DELHI-110001 2:GIRIDHARoARAMANE oSECRETARY oMINISTRYoOFoROAD oTRANSPORToANDoHIGHWAYSo(MORTH) o1 oPARLIAMENToSTREET oNEWoDELHI-110001 3:SATISHoSINGH oJOINToSECRETARYo(BR) oMINISTRYoOFoDEFENCEo(EARLIERoDESIGANTEDoASoSECRETARYo(BRDB)) oROOMoNO.o418 oBoWING o4THoFLOOR oSENAoBHAWAN oNEWoDELHI-110011 4:LT.oGEN.oRAJEEVoCHAUDHRY oDIRECTORATEoGENERALoOFoBORDERoROADSo(oDGBR) Page No.# 2/3 SEEMA SADAK BHAWAN RING ROAD DELHI CANT. NEW DELHI-11001 Advocate for the Petitioner : MR. D BORAH Advocate for the Respondent : MR. R K D CHOUDHURY BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM