SHRI BASAVARAJ PURAD v. THE CHIEF ENGINEER

31.01.2024 IN W.P.NO.103585/2023 VIDE ANNEXURE-A AND ETC., THIS CCC, COMING ON FOR ORDERS, THIS DAY, S G PANDIT, J., MADE THE FOLLOWING: - 3 - NC: 2024:KHC-D:7566-DB CCC No. 100126 of 2024 ORDER The complainant is before this Court under Sections 11 and 12 of the Contempt of Court Act, 1971 complaining disobedience of order dated 31.01.2024 passed in Writ Petition No.103585/2023 wherein, the learned Single Judge of this Court passed the following order: “In the present matter, even the adjudication through an arbitrator has been sought to be frustrated by the respondents by non co-operation and the arbitrators themselves withdrawing the consent. This speaks very poorly of the State that an arbitrator had to withdraw the consent on account of non co-operation by the State. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) The respondents are directed to determine the balance amount payable to the petitioner within a period of four weeks from the date of receipt of a copy of this order and make payment of such determined amount within a period of four weeks thereafter. iii) In the event the petitioner not being satisfied with the payments made, the petitioner would always have a liberty to file a suit or seek for resolution of dispute by way of arbitration in terms of the contract. iv) The respondent No.1 is directed to implement the general directions issued in paragraph 19 of W.P.No.7725/2023 in respect of all contracts issued by respondent No.1 in the State of Karnataka.

27.09.2023 - 4 - NC: 2024:KHC-D:7566-DB CCC No. 100126 of 2024 v) Though the above matter is disposed, to report compliance with above directions, re-list on 06.03.2024.”

2. Heard learned counsel Smt. Vidyavati M.Kotturshetter for the complainant and learned AGA Sri.G.K.Hiregoudar for accused No.1 to 3 and 5 to 7. Perused the contempt papers as well as the original file relating to correspondences between the complainant and accused as well as the note determining the balance amount.

3. Learned counsel for the complainant would submit that the complainant had claimed a sum of Rs.71 lakhs being the balance amount towards the contract executed as far back as on 02.01.2010. As the accused had failed to make payment, the complainant was before this Court in the aforesaid writ petition. Learned Single Judge of this Court on hearing both the sides, passed the order as extracted above. Learned counsel would submit that the accused have not determined the amount as directed by this Court and that the accused have held that the complainant would be entitled for a sum of Rs.2,35,067/-. Learned counsel for the complainant would submit that, the accused - 5 - NC: 2024:KHC-D:7566-DB CCC No. 100126 of 2024 have not determined the amount as directed by this Court. Further, it is submitted that the complainant would be entitled for amount as claimed towards the compensation for men and machinery.

4. Per contra, learned AGA Sri.G.K.Hiregoudar would submit that the order is complied in its letter and spirit and submits that as could be seen from the documents enclosed to affidavit dated 28.05.2024 of respondent No.5 and also the documents enclosed to memo dated 06.06.2024, would indicate how the accused have determined the amount. Further, learned AGA would submit that the complainant would not be entitled for compensation as the complainant has mobilized the men and machinery even prior to handing over of the site. Learned AGA also invites attention of this Court to a direction No.3 of the order dated 31.01.2024 and submits that if the complainant is not satisfied with the payment or determination of amount by the accused person, the complainant is at liberty to file a suit or seek for resolution of dispute by way of arbitration in terms of the - 6 - NC: 2024:KHC-D:7566-DB CCC No. 100126 of 2024 contract. Thus, he prays for dropping further proceedings in this contempt.

5. Perusal of the order passed by this Court dated

31.01.2024 in Writ Petition No.103585/2023, it is seen that at the first instance, accused are directed to determine the balance amount payable to the petitioner-complainant and thereafter, if the petitioner-complainant is not satisfied with the payments made, the petitioner-complainant is at liberty to file a suit or seek for resolution of dispute by way of arbitration in terms of the contract.

6. In the instant case, we are satisfied with the process of determination of the respondents-accused and in terms of the determination, it is submitted by learned AGA the accused No.6 has forwarded cheque Rs.2,36,067/- to the complainant.

7. Since the amount determined is already forwarded to the complainant through a registered post and as observed by this Court, if the complainant is not satisfied - 7 - NC: 2024:KHC-D:7566-DB CCC No. 100126 of 2024 with the determination, liberty is reserved to the complainant to invoke arbitration clause as provided in the contract.

8. There is no willful and deliberate disobedience as alleged. We do not see any reason to continue the proceedings anymore. We drop further proceedings in the present contempt proceedings. Sd/- JUDGE Sd/- JUDGE RH List No.: 1 Sl No.: 42