MODERN CONSTRUCTION Vs. BANDANA POKHRIYAL

JUDGEMENT

(1.) This contempt application has been filed alleging wilful violation by the alleged contemnor, of a judgment and order dated July 25, 2022, whereby we had disposed of FMA 767 of 2022 along with COT 64 of 2022. FMA 767 of 2022 was an appeal filed by the Howrah Municipal Corporation (in short HMC) against the judgment and order dated February 3, 2022, whereby a learned Judge of this Court had disposed of WPA 557 of 2022, being a writ petition filed by the present petitioner against HMC and others. COT 64 of 2022 was a cross objection filed by the present petitioner against the same judgment and order of the learned Single Judge.

(2.) The present petitioner (in short "Modern") participated in a tender floated by HMC and emerged as the successful bidder. Accordingly, the contract was awarded to Modern. The work related to improvement of a road in Howrah District. Modern says that it completed the work to the satisfaction of HMC way back in 2015. Form A as well as completion certificate were issued by HMC. The bills raised by Modern were certified by the concerned officer in HMC. However, the bills have not been paid.

(3.) With the above grievance, Modern approached a learned Judge of this Court by filing WPA no. 10112 of 2020. By an order dated January 18, 2021, the learned Judge disposed of the writ petition with the following observations:-