Bachan Dass v. Ajay Kumar, IAS

Punjab & Haryana HC2 Apr 2025COCP/1177/2021

Case brief

AI extract

What is this about?

Bachan Dass vs Ajay Kumar IAS & Ors; COCP No.1177 of 2021 (O&M); contempt petition; Punjab & Haryana High Court; Harkesh Manuja J.; decided 02.04.2025 (oral); Writ Court order dated 07.11.2019 Annexure P-1; interest @ 10% instead of 8%; certified copy handed to Clerk Baldev Singh within 2-3 days; respondent case of receipt 04.02.2019 and payment 25.02.2019; original record produced on court direction; no proof of service of certified copy; no cause survives; petition disposed of; liberty to avail appropriate remedies; Rule discharged.

What did the court decide?

Petitioner at liberty to avail appropriate remedies as per law; Rule stands discharged; no adjudication on the interest differential. ¶¶20

Bachan Dass Vs Ajay Kumar, IAS — Punjab & Haryana HC (2025) — LawSathi Research

¶1

¶2

COCP No.1177 of 2021 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶3

115

¶4

BACHAN DASS

¶5

COCP No.1177 of 2021 (O&M) Date of Decision: 02.04.2025 ......Petitioner

¶6

¶7

AJAY KUMAR, IAS & ORS.

¶8

....Respondents

¶9

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

¶10

Present: Mr. Ankit Kharbanda, Advocate fo r the petitioner.

¶11

Mr. Vijay Kumar Chaudhary, Sr. P a nel Counsel, UOI for the respondent.

¶12

¶13

HARKESH MANUJA, J. (Oral)

¶14

On 04.03.2025, following order w a s passed by this Court:-

¶15

“The short dispute in the pres e nt petition remains about the righ t s of pet i tioner to claim interest @ 10% in s tead of 8%, while learned counse l for the petitioner contends that the cert if ied copy of order dated 07.11.2019 (A n nexure P-1) passed by the Writ C o urt was handed over to the conce r ned Cl e rk-Baldev Singh within 2-3 days o f the passing of order.

¶16

However, the above fact ha s been disputed and denied by the lea r ned counsel for respondent, whil e contending that certified copy o f the Wr i t Court order was received on 0 4 .02.2019 and the payment was made on 2 5.02.2019 and thus, the petitione r was not entitled for interest @ 10%. In such circumstances, respon d ent No. 3 is requested to produce the ent i re original record pertaining to t h e case of petitioner on the next d ate of h earing.

¶17

List on 02.04.2025.

¶18

To be shown in the Urgent Lis t henceforth.”

¶19

In pursuance of the aforesaid order, original record has been produced. Upo n perusal thereof, no document h a s been found about the factum t hat certified copy o f the order passed by the Writ Court was ever served upon the respondents.

¶20

In such circumstances, no cause survives in the instant petitio n as regards the dif f erential proportion of interest . The petition stands disposed of, however, the p e titioner would be at liberty to avail appropriate remedies, as per law.

¶21