The High Court disposed of a contempt proceeding involving a supplementary show cause. The Court dropped the proceeding but granted liberty to the petitioner to approach the appropriate forum if aggrieved by the quantum of interest paid.
Proceeding dropped; liberty granted to approach appropriate forum regarding quantum of interest.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.85 of 2014 In
Civil Writ Jurisdiction Case No.14172 of 2006
======================================================
Smt. Bibha Devi @ Dulbul Devi W/O Late Sri Chandramauli Prasad Singh Resident Of Village Barahiya, Ramcharan Tola, P.S. Barahiya, District Lakhisarai, Presently Address C/O Mr. Nawal Kishore Singh, Advocate, Kidwaipuri, I.A.S. Colony, P.S. Kotwali, District Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh, Adv. Mr. Sanjeet Kumar Sanju, Adv. For the Opposite Party/s : Mr. Avnish Nandan Sinha, Adv. For the Housing Board : Mr. Anshuman Singh, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
23 01-03-2019 Heard learned counsel for the parties.
Today 8th supplementary show cause has been filed on
behalf of Housing Board wherein calculation chart has been enclosed to demonstrate that the interest has been calculated w.e.f. 28.05.1981 i.e. from the date of deposit of Rs.6500/- by the petitioner.
Mr. Anshuman Singh, learned counsel for the Housing Board has handed over a cheque of Rs.18,773/- to Mr. Nawal
Patna High Court MJC No.85 of 2014(23) dt.01-03-2019 2/2
Kishor Singh, learned counsel for the petitioner.
Considering the limited scope of contempt jurisdiction, the Court is not inclined to proceed any further. The present proceeding is dropped. However, liberty shall be available to the petitioner to approach the appropriate forum, in the event the petitioner is aggrieved by the quantum of interest paid by the Housing Board particularly on the point that deposit of 1981 is not covered by the 1983 Regulation.
With the aforesaid liberty, the present application stands disposed of.
(Anil Kumar Upadhyay, J)
mdrashid/-
U
1 issue framed by the court
Whether to proceed further in the contempt proceeding despite a partial payment of interest by the respondent.
Bibha Devi @ Dulbul Devi
The State Of Bihar
Bihar State Housing Board
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
