SHAMBHUNATH MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present contempt petition has been filed alleging wilful violation of the order dtd. 23/2/2018 passed in F.A. (First Appeal) No. 38 of 2014.

(2.) Learned counsel for the petitioner submits that F.A. No. 38 of 2014 was preferred by the appellant/opposite party no. 2 before this Court against the judgment and decree dtd. 23/12/2013 passed by the Civil Judge, Senior Division-IV, Bokaro in Money Suit No. 09/2005. The said First Appeal was disposed of vide order dtd. 23/2/2018 in terms of compromise arrived at between the parties. As per the terms of settlement, the appellant/opposite party no. 2 had to pay the entire agreed amount of Rs.8,50,000.00 (Eight Lakhs Fifty Thousand) within 30 days to the petitioner, failing which the opposite party no. 2 had to pay the said settled amount along with the interest @ 10% P.A. in diminishing method, however the entire amount was to be paid within 36 months after expiry of the first 30 days.

(3.) It is further submitted that the opposite party no. 2 has not paid a single penny to the petitioner till date which is clear violation of order dtd. 23/2/2018 passed in F.A No. 38 of 2014.