C.W.P No. 1121 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 1121 of 2010 Date of Decision:- 28.07.2010 Raghbir Singh ...Petitioner VERSUS The State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE SURYA KANT Present: Mr. Shiv Kumar, Advocate for the petitioner. Mr. H.S. Brar, Addl.AG, Punjab Mr. P.S. Goraya, Advocate, for the contemner-Arvind Puri, SHO SURYA KANT, J. (Oral) *** Vide order dated July 20, 2010 M/s Dynamic Motors were directed to indicate the estimated expenditure likely to be incurred on bringing the damaged vehicle to its original condition. Pursuant thereto, M/s Dynamic Motors have submitted the detailed estimate in a sealed cover which has been opened and perused. As per their estimate, the detailed expenditure likely to be incurred is as follows:- Sr. No. Description Rs. 1. Right hand side fender (Denting & Painting) 4500 2. Right hand side front door (Denting & Painting) 5000 3. Rear Right hand side Door (Denting & Painting) 5000 4. Rear hand RVM Painting 750 Total 15250 C.W.P No. 1121 of 2010 -2- Service Estimate 1. Engine Oil 4600 2. Oil Filter 450 3. Dry Cleaning 1500 Total 6550 Note:- cost of battery Rs.550/- will be addition if batter found defective (Needs 12 Hrs Charing) Service of vehicle is due as the last service is done at 9265 kms Service Tax @ 12.5% will be charged extra on Labour In compliance of the order dated July 20, 2010, Mr. Arvind Puri, the then SHO, Police Station, Samrala, has also filed an affidavit tendering unconditional apology. In order to persuade this Court to accept his unconditional apology, the learned counsel, on instructions, state that the said S.H.O is ready and willing to reimburse the entire expenses likely to be incurred on the repair/service of the vehicle by M/s Dynamic Motors. In addition, he agrees to pay Rs.25,000/- to the petitioner towards costs. Taking into consideration totality of the facts and circumstances, the unconditional apology tendered by Mr. Arvind Puri is accepted subject to the condition that he reimburses whatever actual expenses are incurred on the repair/service/replacement of the defective parts of the subject vehicle. The entire expenses shall be paid by the contemner to M/s Dynamic Motors and a compliance affidavit shall be filed. M/s Dynamic Motors shall not raise any claim against the petitioner for such payments. In addition, the contemner shall pay Rs.25,000/- to the petitioner towards costs within a period of one month from today failing which, these proceedings shall stand revived. The S.S.P, Khanna is directed to hand over the possession of the vehicle to M/s Dynamic Motors for the necessary repair/service etc. As soon as the repair works are carried out, the petitioner shall be entitled to C.W.P No. 1121 of 2010 -3- the release of the vehicle and its possession shall be handed over to him in terms of order already passed to this effect by the learned Judicial Magistrate, Ist Class, Samrala. SSP, Khanna shall ensure that no direct or indirect harrassment is caused to the petitioner by Mr. Arvind Puri, the then SHO Police Station, Samrala. Any such complaint shall be viewed seriously and may invite revival of this contempt proceedings against the SSP, Khanna as well. With these directions, the writ petition is disposed of. A copy of this order be given Dasti under the signatures of Bench Secretary of this Court. ( SURYA KANT ) JUDGE 28.07.2010 Gaurav.A