C.O.C.P.No. 2054 OF 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P.No. 2054 OF 2010 Date of decision:29th October, 2010 Sher Chand .......Petitioner Versus Shri Manvesh and another ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Rai Singh Chauhan, Advocate, for the petitioner. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) The application is for issue of contempt notice for non compliance of the order on 30.06.2010, under the terms of which any amount recovered from the petitioner should be refunded within a period of two weeks. The complaint of the petitioner is that the amount has not been refunded within a period of two weeks. Every non compliance ought not to be understood as constituting contempt or a disobedience of the order. The averment in the petition is that he had applied for a copy of the order and produced the same on 4.08.2010. A mere averment cannot support action for an extraordinary remedy in contempt jurisdiction. There is no proof that a C.O.C.P.No. 2054 OF 2010 2 demand was made and a willful refusal for payment was made by the respondent. Even the contention of the learned counsel that the order was passed in the presence of the respondent in the writ petition and therefore, they must be taken to know the purport of the order cannot be viewed in such a fashion to infer a contempt of court for non payment. The prayer for issue of notice for contempt is dismissed. The petitioner is however, at liberty to serve a copy of the order making a specific demand for return of the amount in the manner directed by the Court. The dismissal of this application now will not come in the way of the petitioner resorting to a similar remedy, if the direction is given in this order is complied with. [K.KANNAN] JUDGE 29th October, 2010 Shivani Kaushik