GAYASUDDIN AND ANR. Vs. WALI MOHD AND ORS.

JUDGEMENT

(1.) By this order I propose to dispose of this petition under Sec. 11 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India filed by the Petitioner Gayasuddin alleging violation of the order dated 18.02.2009 passed by this Court in LPA No. 370/2006. The Division Bench had dismissed the said appeal along with costs of Rs. 20,000.00 to be paid to the Respondents in the LPA (Petitioners herein) by the Respondents herein within four weeks from the date of the order.

(2.) The preliminary question that arises is, whether a Contempt petition can be maintained when an order as to payment of costs has not been complied. This question has been decided in the negative by the Supreme Court in Food Corporation of India v/s. Sukh Deo Prasad : (2009) 5 SCC 665 in the following words:

(3.) In the light of the aforesaid position, plus the fact that there are other alternate remedies available for the recovery, I dismiss this petition. The Petitioner is not precluded from taking recourse to other legal remedies for the recovery of the said costs.