9911796707
TMI Blog2003 (9) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... ful disobedience or violation of the order of the court - contempt application fails. Hence, the contempt application stands dismissed - - - - - Dated:- 2-9-2003 - Judge(s) : AMITAVA LALA. JUDGMENT AMITAVA LALA J. - This is an application for contempt. By making this contempt application the petitioners contended that the alleged contemnors have violated the order dated January 21,2003, passed by this court. In the original order this court was pleased to direct how the additional compensation be calculated and how the interest will be calculated. However, the operative part of the order is important for the purpose of consideration: "The defects will be cured and a fresh order will be issued within one month from the date of comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ". However, upon going through such letter I find that the letter was written demanding the deducted amount and such claim is without prejudice to the pending contempt application. It is to be remembered that hereunder I am proceeding with a contempt application. The remaining money claim is precisely the scope and ambit of the interlocutory application. Therefore, the question remains whether such order can be passed in a contempt application or not. Contempt of court is a quasi-criminal proceeding which is to be proceeded on the basis of wilful disobedience of the order of the court. Moreover, when factually the order has been complied with and the claim amount has been paid and received by the petitioners even within the extended perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of writ there is no scope of recovery, therefore, the contempt is obvious outcome of the same. According to me it cannot be an acceptable argument. The import of the aforesaid quoted portion is that failure to comply with the time bound programme of assured payment can be enforceable subject to the Debtors Act. Here there is no assured amount under the order. The order is only restricted about calculation and payment of appropriate amount. The authorities have not failed to pay upon making calculation. The question of deduction under the Income-tax Act can be equated with the Debtors Act. Therefore, there cannot be any wrong on their part. The only question which could have been the ground of contempt is to follow the time bound prog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment was directed to release by way of adjustment between the parties. According to me, adjustment in a particular case cannot be the ratio to be made applicable in other fact situation. Factually there the amount was ascertained but in the present case the amount was unascertained. So far as Mohd. Qaiser v. L.K. Sinha [1995] Supp. 4 SCC 283, is concerned, I find the Supreme Court has accepted belated compliance of the order in a contempt application. Therefore, how such ratio is helping the cause of the petitioners is unknown to this court. In the cited paragraphs 3 and 7 of Balai Krushna Tej v. Inspector of Schools [1991] Cr1 LJ 206 (Orissa), I find that the Division Bench of the Orissa High Court has taken a view about strict comp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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