KISHOR MANUBHAI BARAIYA Vs. J. B. KHARADI

JUDGEMENT

(1.) We have heard Mr. Mukesh T. Mishra, learned counsel appearing for the Complainant and Ms. Sejal K. Mandavia, learned counsel appearing for contemners- respondent Nos.1 and 2. Perused the case papers.

(2.) This complaint under Sec. 12 of the Contempt of Courts Act, 1971 is made by petitioner /writ applicant in Special Civil Application No.14371 of 2016 inter alia contending that order passed in said writ application on 7/12/2021 has been willfully disobeyed by respondents.

(3.) Respondent No.2 on being notified has appeared and filed reply by way of affidavit dtd. 5/9/2022 contending inter alia that on 26/7/2022, a sum of Rs.9,59,769.00 has been paid by virtue of the order passed on the said date and now, an amended order has been passed on 3/9/2022, where-under remaining amount of Rs.23,600.00 has been paid after calculating income tax and deducting the same, and as such it is contended by 2nd respondent that there is due compliance of the order and has prayed for dropping the contempt proceedings.