IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1728 of 2008(O&M) Date of decision: 9.9.2009 J.K. Jain ......Petitioner(s) Versus Ms. H.A. Daruwala and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Mukul Aggarwal, Advocate for the petitioner. Mr. Girish Agnihotri, Sr. Advocate with Ms. Prinayjeet Sheoran, Advocate for the respondent-Bank Rakesh Kumar Garg, J.(Oral) CM No.21416 & 21417-CII of 2009 Application is allowed subject to all just exceptions. COCP No.1728 of 2008 The grievance of the petitioner before this Court is that in spite of the fact that award dated 15.5.1997 passed by the Central Government Industrial Tribunal, New Delhi, was upheld by a judgment of this Court in CWP No.15590 of 1997 and in LPA the aforesaid award of the Tribunal was modified on the agreement of the parties to the effect that the payment will be made by respondent No.2 within four weeks, without interest at the rate of 12% per annum, the respondents have failed to comply with the judgment of the LPA Bench as they have not made the payment of his full dues in terms of the impugned order. On the other hand, it is the case of the respondents that they have made the full payment as agreed by them, to the petitioner. Undisputedly, the respondent-Bank paid a sum of Rs.840064.90 paise vide Annexure P-3 giving the details. The controversy whether the petitioner has been made the full payment of all his dues or not, can be established only after making the calculations of his dues etc. and thus, even if some dues COCP No.1728 of 2008(O&M) -2- are still payable by the respondents, it cannot be said that there is any wilful disobedience on the part of the respondents. In this view of the matter, I am not inclined to proceed further in this contempt petition. Rule discharged. However, the petitioner shall be at liberty to seek any other appropriate remedy for redressal of his grievances and to recover the amount, if due, in accordance with law. Needless to say that the petitioner will be liberty to raise all objections which are available to him. September 9, 2009 (RAKESH KUMAR GARG) ps JUDGE