Ms Borthakur And Associates vs. Megha Nidhi Dahal Ias

Facts

The petitioner, MS Borthakur and Associates, filed a contempt petition alleging non-compliance with a High Court order dated May 17, 2023, passed in writ petition W.P.[C] no. 7244/2019. The original writ petition sought directions for the Guwahati Municipal Corporation (GMC) to process and disburse the balance amount for consultancy services rendered by the petitioner. The petitioner had submitted revised invoices totaling Rs. 14,77,835/- after the implementation of the GST regime. The writ petition was disposed of by directing the GMC to examine and verify the petitioner's claims and disburse any entitled amount within four months. Subsequently, the respondent contended that the total claimed amount of Rs. 14,77,835/- had already been disbursed. The petitioner then filed an additional affidavit confirming receipt of Rs. 14,77,835/- in total through various payments.

Held

The Court held that the scope of a contempt petition is limited to the directions made in the original writ petition. In this case, the original writ petition confined the petitioner's claim to a total sum of Rs. 14,77,835/-. The petitioner, through an additional affidavit, confirmed that they had received the entire amount of Rs. 14,77,835/-. Therefore, the Court found that there was no further cause of action to proceed with the contempt petition as the primary direction of the writ petition had been fulfilled. The Court also noted that a new claim for Rs. 6,51,805/- was made in the additional affidavit, but this claim was not part of the original writ petition's scope and thus could not be brought within the purview of the contempt proceedings. Consequently, the contempt petition was closed.

Key Issues

1. Whether the respondent has complied with the order dated May 17, 2023, passed in W.P.[C] no. 7244/2019, directing the examination, verification, and disbursal of the petitioner's claim for consultancy services. Petitioner's contention: The petitioner argued that the respondent had failed to comply with the court's direction, leading to the filing of the contempt petition. Respondent's contention: The respondent argued that the total amount claimed by the petitioner in the writ petition, Rs. 14,77,835/-, had already been disbursed to the petitioner. Therefore, there was no outstanding amount to be disbursed as per the writ petition's direction, and consequently, no contempt had occurred. The respondent also noted that a new claim of Rs. 6,51,805/- was made in the additional affidavit, which was not part of the original writ petition's scope.