Ms Sew Infrastructure LTD Through Its Vice President Mr K Giridhar vs. The State Of Jharkhand
Facts
The petitioner, M/s SEW Infrastructure Ltd., filed a contempt petition alleging non-compliance with an order passed in W.P.(T) No. 5051 of 2018. The State, represented by Shri Arun Kumar Singh, Secretary, Water Resources Department, submitted that the petitioner's representation was considered, and a decision was taken. This decision, as stated in paragraph 6 of the show-cause, involved the Executive Engineer being asked to submit tax receipts for labor engaged and excise duty paid on materials after July 1, 2017. The agency was to submit evidence to determine the tax difference between the VAT and GST systems, which would be paid after approval. The petitioner argued that this decision was not in compliance with the previous court order and prayed for contempt proceedings.
Held
The Court held that there were no cogent grounds to entertain the prayer for initiation of contempt proceedings. It found that an order had been passed in compliance with the previous order of the Court. The Court noted that in W.P.(T) No. 5051 of 2018, liberty was reserved for the petitioner to challenge the order passed by the authority in connection with their representation before the appropriate forum. Therefore, the Court concluded that the petitioner still had the liberty to challenge the current order before the appropriate court or forum. The contempt petition was dismissed as there was no non-compliance with the prior court order.
Key Issues
1. Whether the order passed by the opposite parties is in compliance with the order passed by this Court in W.P.(T) No. 5051 of 2018, concerning the petitioner's representation? The petitioner argued that the decision taken by the opposite parties was not in compliance with the order passed in W.P.(T) No. 5051 of 2018 and therefore, prayed for the initiation of contempt proceedings. The State contended that the petitioner's representation was considered and a decision was taken, which was incorporated in the show-cause. They submitted that the order passed was in compliance with the court's previous order, and the petitioner retained the liberty to challenge this order before the appropriate forum.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Contempt Case (Civil) No. 237 of 2019
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M/s SEW Infrastructure Ltd., Hyderabad … … Petitioner
Versus 1.The State of Jharkhand 2.Shri Arun Kumar Singh, Secretary, Water Resources Department, Doranda, Ranchi … … Opposite Parties
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CORAM : HON’BLE MR. JUSTICE AMITAV K. GUPTA : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Piyush Chitresh, Advocate
For the Opposite Parties : M/s. Atanu Banerjee, Sr. S.C. III &
Mausami Chatterjee, A.C.
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4/06.09.2019 This contempt petitioner has been filed by the petitioner for non- compliance of the order passed in W.P.(T) No. 5051 of 2018. 2. Mr. Atanu Banerjee, learned Sr.S.C. III appearing for the State has submitted that the representation of the petitioner was considered and decision has been taken by the authority concerned which is incorporated in paragraph 6 of the Annexure A of the show-cause, as under:
“Concerned field Executive Engineer asked to submit the tax receipt copy of labours engaged after 01.07.2017 and the excise
The judgment continues below.
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