LAWS(P&H)-2014-9-8

ANIL KUMAR GOSWAMI Vs. SINDER KAUR

Decided On September 16, 2014
ANIL KUMAR GOSWAMI Appellant
V/S
Sinder Kaur Respondents

JUDGEMENT

(1.) THIS contempt appeal has been filed by the appellants against the order dated 20.01.2014 passed by the learned Single Judge in COCP No. 712 of 2012. Along with the appeal CM No. 18979 -CII of 2014 has been filed seeking condonation of 86 days in filing the appeal and CM No. 18978 -CII of 2014 seeking condonation of 67 days in refiling the appeal.

(2.) THE grievance of the respondent -Sinder Kaur was against the non -compliance of the order, which according to the respondent, was required to be complied with by the appellants by releasing the pension payable to her within a period of six weeks from the date of receipt of copy of the order passed on 07.12.2011. As the same had not been complied with, the contempt petition was filed by the respondent.

(3.) IT was, however, held that the appellants could not escape from the fact that ample delay had been caused in releasing the benefits due to the respondent. The delay was compounded by the fact which the previous order of the Court had demonstrated. The previous order which the learned Single Judge in all probability meant is the order dated 28.5.2012 (which has been fled with the paper book wherein it was observed that despite sufficient opportunities already granted the respondents (now appellants) had not complied with the order. While granting one more but last opportunity, it was directed that if the needful was not done before the adjourned date, respondent No. 2 (now appellant No. 2k shall remain present in Court to show cause as to why exemplary cost be not imposed upon him. Accordingly, the appellants were burdened with compensatory costs of Rs. 50,000/ -, which were ordered to be paid to the respondent.