Samir Asija and Another Vs Saurabh Garg and Another

Present contempt petition has been filed alleging violation of order dated 21.3.2023 (An n exure P-4) passed by a coordinate B ench of this Court in CWP- 1 0727-2017 titled as “Samir Asija an d another vs. Union of India and others”, whereby the petition was allo w ed with the following direction s :-

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“i) The responden t s no.1 and 2 shall inform the petitioner no.2, withi n a period of one month from today, the details o f all such institutions which provide similar lifeti m e rehabilitation and care as respondent no.5 and w hich such institutes receive grants-in-aid from Government of India; ii) Upon furnishi n g a list of such Institutes to the petitioner no.2 wi t hin the period as aforesaid, he may, if he so chooses, inform the respondent no.2, within one mon t h thereafter about the place

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VIJAY ASIJA 2026.01.09 17.08 I attest to the accuracy and integrity of this document

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2

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COCP-3654-2023 (O & M)

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where he intends to house petitioner no.1 for lifetime rehabilitation and care; iii) In the event of the petitioner no.2 opting to get petitioner no.1 re-admitted to any other Institute providing such similar facilities as respondent no.5 for t h e remainder of his lifetime, the respondent no . 2 shall make adequate arrangements for ad m ission of petitioner no.1 to such institute;

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iv) The amount of R s.10,00,000/- as directed to be refunded by respo n dent no.2 vide order dated 24.03.2009 shall be d educted from the grants-inaid assigned for res p ondent no.5 and shall be released in favour o f the Institute for which the petitioner no.2 has ex e rcised the option for seeking the re-admission of the petitioner no.1 for the remainder of his lifet i me and to his account. The petitioner would be e ntitled to the amount of Rs. 10,00,000/- along wit h interest @ 6% p.a from the date of passing of th e order dated 24.03.2009 till its actual disburse m ent on account of undue retention of such money by the respondent no.5 Institute.

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v) In event, the petitioner no.2 does not exercise the option to seek re-admission of petitioner no.1 to any other Institute, the amount of Rs.10,00,000/- along with interest as aforesaid shall be refunded to t h e petitioner within a period of six weeks' of exerci s e of such option; vi) In case the g rant in aid assigned to respondent no.5 is less than the amount so assessed along with interest, the amount shall be deducted in installme n ts spanning over next years,

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VIJAY ASIJA 2026.01.09 17.08 I attest to the accuracy and integrity of this document

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COCP-3654-2023 (O & M) 3

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however, the interest f or the unpaid amount shali also be calculated;

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vii) The responden t no.5 is not being extended any amount for the p eriod when petitioner no.1 stayed there since t h e expenses were to be met from the corpus de p osited. The Institute thus recovered its expe n ses from interest/income earned and by retaini n g the money till refund was ordered by responden t no.2...”

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At the very outset, learne d counsel for the petitioners submits t h at since the entire payment has been made to the petitioners, the prese n t contempt petition has been r endered infructuous and the same ma y be disposed of as such.

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Heard.

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In view of the submissions m ade by learned counsel for the petiti o ners, the present contempt peti t ion is disposed of as having been ren d ered infructuous.

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Rule stands discharged. Pending application(s), if an y , shall stand(s) disposed of.

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January 0 8, 2026 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2026.01.09 17.08 I attest to the accuracy and integrity of this document

Samir Asija and Another v. Saurabh Garg and Another

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Samir Asija and Another v. Saurabh Garg and Another

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