The Managing Director, Vs Nityananda Debnath

This Interlocutory Application has been filed seeking enlargement of time for payment of the dues as directed by this Court vide the order dated 18.12.2023 passed in WP(C) No.1558/2021 (since disposed of). By the said order dated 18.12.2023 the respondents were directed to make payment of Rs.10,44,845/- (Rupees Ten Lakhs Forty Four Thousand Eight Hundred Forty Five only) within 6 (six) months from the date of the order. Since the amount was not cleared, the petitioner has approached this Court by filing Contempt Case No.337/2024. During the pendency of the contempt proceedings an amount of Rs.6,00,000/- (Rupees Six Lakhs only) have been released, however, the balance amount is yet to be released.

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Learned counsel for the applicant submits that the ARTFED is passing through extreme financial crunch and therefore, the State Government has been requested for releasing fund for clearance of the dues as directed by this Court. Learned counsel for the applicant, therefore, prays for 6 (six) months further time for clearing all the dues payable to the opposite party/petitioner.

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Learned counsel for the opposite party/petitioner objects to the prayer made. He submits that by the order dated 18.12.2023 passed in WP(C) No.1558/2021 (since disposed of) the respondents were directed to make payment within 6 (six) months from the date of the order and in the meantime,

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Page No.# 3/4

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more than 2 (two) years have passed but the dues have not been cleared. He, therefore, submits that further enlargement for time is not called for.

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Considering the submissions made by the learned counsel for the parties and upon perusal of the pleadings available before this Court, this Court is of the view that since the applicant/respondent no.3 submits that the Federation is currently undergoing an extreme financial crunch and the applicant has already initiated necessary steps before the Government, requesting allocation of requisite funds for clearance of dues, in the interest of justice, further 4 (four) months time is enlarged from today enabling the applicant/respondent no.3 to comply with the directions contained in the order dated 18.12.2023 passed in WP(C) No.1558/2021 (since disposed of). The order dated 18.12.2023 passed in WP(C) No.1558/2021 (since disposed of) shall be read with the order dated 18.07.2025 passed in this Interlocutory Application.

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It is expected that the dues, as directed, will be cleared by the respondents within the extended period of 4 (four) months from today, failing which this Court will proceed to draw up a contempt proceedings against the concerned respondent. In the event the amount is released before the expiry of 4 (four) months of time, the parties are at liberty to mention the matter before the Court.

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Page No.# 4/4

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Interlocutory Application stands allowed and disposed of.

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A copy of this order be retained in the Contempt Petition No. 337/2024 as

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well as in WP(C) No.1558/2021 (since disposed of).

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JUDGE

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Comparing Assistant