COCP-4861 v. Dr. Sanjay G

Mr. Rohit Sapeiya, Advocate fo Mr. RS Chauhan, Advocate for cate for te for the petitioner. Mr. Naresh Kumar, Advocate fo cate for respondent No. 1. Mr. Yajat Gill, Advocate for res for respondents No. 2 to 6. NIDHI GUP I GUPTA, J. (ORAL)

1. Vakalatnama filed on behalf o 6 is ehalf of respondents No. 2 to 6 is taken on reco on record.

2. The present Contempt Petiti etition has been filed alleging violation of of undertaking dated 25.07.2024

7.2024 (Annexure P-2) given by Jagdish Kum h Kumar/husband of respondent No. r of nt No. 2-Neetu Rani and father of respondents dents No. 3 to 6.

3. It is submitted by learned coun t the d counsel for the petitioner that the petitioner h ner had filed a Civil Suit (Anne (Annexure P-1) for recovery of ₹5,50,000/- - as principal amount along with t the with interest thereupon against the aforesaid Jag aid Jagdish Kumar. A compromise wa ise was effected between the parties and Jagdish gdish Kumar had made a statement/u 024 ment/undertaking dated 25.07.2024 (Annexure xure P-2) before the learned Civ ion), d Civil Judge (Junior Division), Ferozepur, a , as per which he has stated as follo as follows:- RISHU KATARIA 2026.01.15 10:26 I attest to the accuracy and authenticity of this order/judgment. COCP-4861 4861-2025 -2- “....My drawing and disburs bursing authority is Principal/ signing authority Guru Gobin & obind Singh Medical College & Hospital Faridkot. I have no e no objection if an amount of Rs.16,000/- per month in 36 i 36 installments may be deducted from my salary and after deduc educting the same be credit in the account of plaintiff bearing acc C account no. 431220852530 IFSC code SBIN0050210, SBI Bank, nk, Branch at the Mall Ferozepur City till the realization amount ount of Rs.5,76,000/-. In case any mis-happening with me o I can like voluntary retirement/retirement remainin aining amount will be deducted from my service/retiral benefit nefit as per law. I will submit the intimation to my DDO Autho uthority regarding deduction the compromise amount from my my salary. I shall bout by my statement Award may kindly be y be passed as per my statement.”

4. Learned counsel for the petit e petitioner submits that the said Jagdish Kum h Kumar had expired. However, the o be r, the decretal amount is yet to be paid to the p the petitioner by respondents No. 2 to o. 2 to 6. It is further submitted that the responde pondents are bound to release the decr e decretal amount to the petitioner.

5. Learned counsel for respondent ndent No. 1 has filed in Court reply dated 05.01.

05.01.2026 by way of affidavit of r it of respondent No. 1-Dr. Sanjay Gupta, Princ , Principal, Guru Gobind Singh Me ital, gh Medical College and Hospital, Faridkot, wh which is taken on record. It is sub l for is submitted by learned counsel for respondent N dent No. 1 that the undertaking repr g reproduced above was given by Jagdish Kum h Kumar in his personal capacity. pacity. It is the LRs of Jagdish Kumar/respo r/respondents No. 2 to 6 herein who ar who are bound to make the payment of decretal cretal amount to the petitioner. Further, learned counsel for respondent N dent No. 1 refers to the averments ma nts made in sub-para (v) of the reply dated 05.01

05.01.2026 and submits that an am an amount of ₹2,00,000/- already stands relea released to respondents No. 2 to t of 2 to 6. However, an amount of RISHU KATARIA 2026.01.15 10:26 I attest to the accuracy and authenticity of this order/judgment. COCP-4861 4861-2025 -3- ₹20,00,000/ ,000/- is outstanding to be paid to res to respondents No. 2 to 6. It is also pointed out d out by learned counsel for responde spondent No. 1 that out of the total decretal amo al amount of ₹5,76,000/-, an amount mount of ₹80,000/- already stands paid to the p the petitioner.

6. Learned counsel for the petitio itioner acknowledges the receipt of said amo amount of ₹80,000/- and prays that t that the remaining decretal amount of ₹4,96,000 96,000/- (₹5,76,000 - ₹80,000) may be ay be released to the petitioner.

7. Learned counsel appearing for ng for respondents No. 2 to 6 on instructions tions from respondents No. 2 to 6 u to 6 undertakes that the remaining decretal amo al amount of ₹4,96,000/- (₹5,76,000 d to ,000 - ₹80,000) shall be released to the petitione etitioner by respondent No. 1 from t of from the outstanding amount of ₹20,00,000/ ,000/- to be paid to respondents No. 2 No. 2 to 6 by respondent No. 1.

8. Learned counsel for the petition f the etitioner submits that in view of the undertaking aking given by learned counsel respon respondents No. 2 to 6, the present petition may n may be disposed of with a direction ection to respondent No. 1 to release the remainin maining decretal amount of ₹4,96,000 , out 96,000/- (₹5,76,000 - ₹80,000), out of the afore aforesaid amount of ₹20,00,000/- du to 6 due to respondents No. 2 to 6 within a per a period of 06 weeks from today, w r to with liberty to the petitioner to revive the pr the present contempt petition in case n case any cause of action survives or in case, t , the undertaking given by learne learned counsel for the State is not fulfilled.

10. Heard. In view of the submissions of l ns of learned counsel for the parties noted above above, the present petition is disp disposed of with liberty to the petitioner as ner as aforesaid; and respondent No nt No. 1 is directed to release the remaining d ing decretal amount of ₹4,96,000/- t of - (₹5,76,000 - ₹80,000), out of RISHU KATARIA 2026.01.15 10:26 I attest to the accuracy and authenticity of this order/judgment. COCP-4861 4861-2025 -4- the aforesaid resaid amount of ₹20,00,000/- due to due to respondents No. 2 to 6 within a period of 0 d of 06 weeks from today.

11. Rule stands discharged. Pending application(s), if any, s any, shall also stand disposed of. 2026

13.01.2026 ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned ned Yes/No Whether Reportable Yes/No RISHU KATARIA 2026.01.15 10:26 I attest to the accuracy and authenticity of this order/judgment.