DINESH PRASAD SINGH Vs. JHARKHAND STATE ELECTRICITY

JUDGEMENT

(1.) I.A. No. 3804 of 2009

(2.) Counsel for the petitioner however has filed an application for modification of the order dated 9.2.2009, which is not adverse to the interest of the petitioner, but the counsel submitted that the application for modification has to be filed merely because the contempt petition had been disposed of, although the payment has not been made to the petitioner. In that event, counsel has fairly stated that he should have filed an application for recall of the order dated 9.2.2009 by which the contempt petition has been disposed of. But, it is further informed that the counsel for the contemnor-respondent, although is ready with the cheque, the said payment is not towards the full amount payable to the petitioner.

(3.) For the aforesaid purpose, this application for modification cannot be entertained. The application (I.A. No. 3804 of 2009) therefore, is rejected. The cheque dated 15th November, 2009 for the amount of Rs. 3,09,368/- which has been drawn in favour of the petitioner has been handed over to the counsel for the petitioner, who, in turn, will deliver it to the petitioner. The petitioner, however, is at liberty to file a fresh petition for contempt, provided a case for contempt is still made out.