M/S Gordhandas Gobindram vs. Shri Hemant Arora Executive Engineer
Facts
The petitioner, M/s Gordhandas Gobindram, filed a contempt case against Shri Hemant Arora, Executive Engineer, Chhattisgarh Public Work Department. The contempt petition alleged breach and disobedience of an order dated December 20, 2022, passed by the High Court in WPC No. 5471 of 2022. The earlier order had directed the petitioner to approach respondents No. 2 to 5 in terms of a State Government order dated October 10, 2018, and to produce proof of additional tax liability incurred due to GST introduction. The respondents were to scrutinize the claim and decide within 90 days. The petitioner claimed to have made multiple representations, but no refund of GST amount was made, leading to the contempt petition.
Held
The Court noted that the respondent authorities had already complied with the order passed by the Court, as evidenced by the decision of the Executive Engineer dated November 8, 2024 (Annexure R-1). Since the Court found that the respondent had complied with its previous order, there was nothing further to adjudicate in the contempt proceedings. Consequently, the contempt proceedings initiated against the respondent were closed, and the contempt case was disposed of. The Court clarified that if the petitioner was not satisfied with the order passed by the respondent authority, they were at liberty to challenge it before the appropriate forum.
Key Issues
1. Whether the respondent has willfully disobeyed the order dated December 20, 2022, passed by this Court in WPC No. 5471 of 2022, thereby committing contempt of court? Petitioner's Contention: The petitioner argued that the respondent had failed to comply with the Court's directions despite multiple representations and reminders. They contended that the respondent's inaction demonstrated a deliberate, willful, and blatant violation of the Court's order, constituting contempt. The petitioner sought directions for effective compliance and cognizance of the contempt committed. Respondent's Contention: The respondent contended that they had complied with the Court's order on November 8, 2024, and annexed the decision of the Executive Engineer, PWD, Division No. 2, Raipur, as proof of compliance. The petitioner, however, stated they were not satisfied with this order.
Sections Cited
Article 215, Section 10, Section 12
AI-generated summary — verify with the full judgment below
1
2024:CGHC:46558 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Case (C) No.882 of 2024 M/s Gordhandas Gobindram Incoporated Under The Companies Act, 1956 Having Its Office At A 52, Jairam Complex G.E. Road Raipur, District Raipur (C.G.) Through Its Power of Attorney Holder Mr. Dheeraj Jadwani, S/o Amrit G. Jadwani, Aged About 48 Years, R/o Ahmedji Colony, Civil Lines, Raipur, District (C.G.). ... Petitioner versus Shri Hemant Arora, Executive Engineer Chhattisgarh, Public Work Department Bridge Road, Division-II, Raipur (C.G.) ---- Respondent For Petitioner : Mr. Harsh Wardhan, Advocate For Respondent : Mr. Raja Sharma, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 27/11/2024
Heard finally.
The present contempt case has been preferred by the petitioner under Article 215 of the Constitution of India, read with Section 10 and 12 of the Contempt of Courts Act, 1971, for initiating contempt proceedings against the respondent/contemnor for breach and disobedience of order dated 20.12.2022 passed by this Court in WPC No.5471 of 2022 (Annexure C-1).
2
The said writ petition was heard by this Hon’ble Court and vide its order dated 2
The judgment continues below.
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Reproduced from the public record of the Chhattisgarh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.