“that the Liability to Pay the Amount I.E. Vs. Shri M.P.Singh and Another - Court Judgment

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Court	Punjab and Haryana High Court
Decided On	Mar-19-2013
Appellant	“that the Liability to Pay the Amount I.E.
Respondent	Shri M.P.Singh and Another

Excerpt:

.....tehsil kharar, distt. s.a.s.nagar, has been filed in the court and the same is taken on record. para nos.1 to 3 of the aforesaid affidavit reads thus:- “that the liability to pay the amount i.e.gratuity, leave encashment, etc.to the petitioner, is admitted and the same will be paid by the respondent college within a period of 3 months from today, in 3 equal installments. that the firs.installment of the 1/3rd amount, due to the petitioner, will be paid by the end of april, 2013, the second installment of 1/3rd of the amount due, will be paid to the petitioner by the end of may, 2013 and the third installment of 1/3rd of the amount due to the petitioner , will be paid by the end of june, 2013. in this way, the deponent undertakes to clear the due amount cocp no.3412 of 2012 -2- payable to the petitioner by the end of june, 2013, as mentioned above. that the deponent tenders unconditional apology for not paying the amount to the petitioner in time. the deponent has highest regard for this hon'ble court.” counsel for the petitioner agrees to the averments made in para no.2 of the aforesaid affidavit filed, wherein, it has been stated that respondents shall make the payment.....

Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.3412 of 2012.

Date of decision:19.03.2013 Prof.

Surjit Singh Sidhu ....Petitioner Versus Shri M.P.Singh and another ....Respondents CORAM : HON'BLE Mr.JUSTICE RAKESH KUMAR GARG Present: Mr.Ashok Sehgal, Advocate, for the petitioner.

Mr.T.P.S.Tung, Advocate, for the respondents.

*** RAKESH KUMAR GARG, J (ORAL) Respondents are present in the Court.

An affidavit of Rupinder Singh Josh, President Managing Committee, Shaheed Kanshi Ram, Memorial College, Bhago Majra, Tehsil Kharar, Distt.

S.A.S.Nagar, has been filed in the Court and the same is taken on record.

Para Nos.1 to 3 of the aforesaid affidavit reads thus:- “That the liability to pay the amount i.e.gratuity, leave encashment, etc.to the petitioner, is admitted and the same will be paid by the respondent college within a period of 3 months from today, in 3 equal installments.

That the fiRs.installment of the 1/3rd amount, due to the petitioner, will be paid by the end of April, 2013, the second installment of 1/3rd of the amount due, will be paid to the petitioner by the end of May, 2013 and the third installment of 1/3rd of the amount due to the petitioner , will be paid by the end of June, 2013.

In this way, the deponent undertakes to clear the due amount COCP No.3412 of 2012 -2- payable to the petitioner by the end of June, 2013, as mentioned above.

That the deponent tenders unconditional apology for not paying the amount to the petitioner in time.

The deponent has highest regard for this Hon'ble Court.”

Counsel for the petitioner agrees to the averments made in para No.2 of the aforesaid affidavit filed, wherein, it has been stated that respondents shall make the payment in question as per the time schedule given in para No.2 of the affidavit.

Thus, this Court is not inclined to proceed further with this contempt petition.

However, the petitioner shall be at liberty to file revival application, if the aforesaid undertaking is not honoured.

Disposed of.

March 19, 2013 (RAKESH KUMAR GARG) savita JUDGE