Disposed

Susil Kumar Swain v. Dr. Abhaya Kumar Nayak, Registrar, Utkal University

Orissa HC17 Jan 2023CONTC/3749/2022

Case brief

AI extract

What is this about?

This is a contempt petition alleging non-compliance of a 20.08.2019 order by the opposite parties. The court discharged a compliance affidavit exchanged on 16.01.2023, directing the petitioner to encash a cheque for Rs.7,75,998/- and dismissed the petition as infructuous.

What did the court decide?

Petitioner directed to encash cheque no.689528 dated 13.01.2023; contempt petition dismissed as infructuous.

Susil Kumar Swain Vs Dr. Abhaya Kumar Nayak, Registrar… — Contempt of Court | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CONTC No.3749 OF 2022

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Susil Kumar Swain

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…. Petitioner

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Mr. Janaki Kanta Mohapatra, Advocate

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-versus-

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Dr. Abhaya Kumar Nayak, …. Opp.parties Registrar, Utkal University & another

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Mr. T. N. Patnaik, Advocate

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CORAM: JUSTICE JASWANT SINGH JUSTICE M.S.SAHOO

ORDER

17.01.2023

Hybrid Mode

Order No.

02 .

1 . By filing the present petition, the petitioner alleges non-compliance of the order passed by this Court dated 20.08.2019 disposing of W.P.(C) No.12561 of 2019 and prays the Court to proceed against the opposite parties as per the provisions of the contempt of Courts’ Act.

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2 . Mr. Patnaik, learned counsel appearing on behalf of the opposite parties refers to the compliance affidavit dated 16.01.2023, which is served on the learned counsel for the petitioner, to contend that the order passed by this Court has been complied with.

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Regarding the steps taken for compliance of this Court’s order dated 20.08.2019 passed in W.P.(C) No.12561 of 2019, at paragraphs-3 & 4 of the said affidavit, the following has been stated :

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// 2 //

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“3. That pursuant to the above said order the deponent and its officials took necessary steps through official communication with different Govt. officials as regards the quality assessment and final measurement for the workConstruction of Academic Staff College Guest House of the Utkal University in order to facilitate the legitimate payments of the petitioner.

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Consequently thereafter he has been informed vide letter no.21685 dated 18.7.2022 of the Registrar, Utkal University to be present in his office chamber. However the petitioner has not responded to the above said letter. Copy of the said letter dated 18.07.2022 of the Registrar, Utkal University is annexed herewith as Annexure-A/1.

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4 . That further it is brought to the kind notice of the Hon’ble Court that thereafter the Vice Chancellor, Utkal University took necessary decision vide order dated 12.01.2023 as regards the legitimate payments of the petitioner and concurrence of the Comptroller of Finance, Utkal University was accorded for the sanction of Rs.7,75,998/- towards his payments for the above said work. Subsequently a cheque vide no.689528 dated 13.01.2023 was prepared in favour of the petitioner. Copy of the said cheque is annexed herewith as AnnexureB/1.”

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3. It is directed that the petitioner shall encash the cheque no.689528 dated 13.01.2023 issued in his favour so that the amount is credited to his bank account.

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In view of the above, the contempt petition is dismissed having been rendered infructuous.

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17^th January, 2023 Cuttack

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Gs/dutta

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Page 2 of 2

Susil Kumar Swain v. Dr. Abhaya Kumar Nayak, Registrar, Utkal University

Case brief

What is this about?

What did the court decide?

Susil Kumar Swain v. Dr. Abhaya Kumar Nayak, Registrar, Utkal University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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