M/S Techno Electric And Engg Co LTD Thro Its President Business Development Sheikh Anoar Ali vs. The State Of Jharkhand

Held

The Court held that the contempt proceedings were not maintainable. The original writ court order dated July 26, 2023, remitted the matter to JBVNL to calculate and pay the withheld amount, including GST reimbursement and statutory interest. The Court noted that JBVNL had indeed decided the issue of entitlement and determined the amount payable to be Rs. 30.80 crores. While the writ petitioner was not satisfied with this quantum and claimed entitlement to a larger sum, the High Court found that there was no specific mandamus from the writ court adjudicating a precise amount. The Court reasoned that in the absence of a specific adjudication by the writ court, it would not be appropriate for the contempt court to arrive at a different conclusion than that reached by JBVNL. Therefore, the Court concluded that the order of the writ court had been substantially complied with. The contempt cases were closed and disposed of, with liberty reserved for the petitioner to agitate the grievance regarding the quantum of amount before the appropriate forum.

Facts

The petitioner, M/s Techno Electric & Engg. Co. Ltd., filed multiple contempt cases (Cont. Case (Cvl.) Nos. 150, 152, 153, and 154 of 2024) against the State of Jharkhand and officials of Jharkhand Bijli Vitran Nigam Limited (JBVNL). These cases alleged willful and deliberate non-compliance with a common order dated July 26, 2023, passed by the High Court in W.P.(T) No. 4904 of 2022 and analogous cases. The original order had remitted the matter back to JBVNL to calculate and pay the withheld amount deducted from the petitioner's bills since September 2019, including GST reimbursement and statutory interest, within 12 weeks. The petitioner contended that only Rs. 30.80 crores was paid, which is less than the Rs. 52 crores claimed, and the calculation basis was not provided.

Key Issues

1. Whether the opposite parties have willfully and deliberately failed to comply with the order dated July 26, 2023, passed by this Court, thereby constituting a civil contempt under Section 2(b) of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India? Petitioner's arguments: The petitioner argued that the order of the writ court has not been complied with because the entire amount due, which they claim to be Rs. 52 crores and more, has not been paid. They further contended that the payment of Rs. 30.80 crores was made without a clear basis for calculation, and the opposite parties ought to have provided a calculation chart justifying this amount. Therefore, the non-compliance is willful and deliberate. Opposite Parties' arguments: The opposite parties, through their Senior Standing Counsel, submitted that the amount paid, Rs. 30.80 crores, represents the petitioner's entitlement as calculated by JBVNL. They referred to the writ court's order, which remitted the matter to JBVNL for calculation and payment, and stated that this exercise has been carried out. They argued that there was no specific mandamus for a particular amount, but a remittance to the authority to decide the quantum. They further submitted that the order has been substantially complied with, and therefore, the contempt proceedings are not maintainable.