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Allahabad High Court

HABSONS BUILDERS AND INFRASTRUCTURE LTDversusSHRI MANISH KUMAR VERMA, COLLECTOR/ D.M.

Decided

Holding

The contempt application was dismissed because the opposite party had complied with the writ order by recovering and remitting the specified amount to RERA.

Summary

The applicant, Habsons Builders and Infrastructure Ltd, filed a contempt application alleging non‑compliance with a writ order. The opposite party, Collector/DM Manish Kumar Verma, filed a compliance affidavit stating that Rs. 8,482,884 was recovered from a defaulter and remitted to the Real Estate Regulatory Authority (RERA) in 2024, thereby satisfying the writ. The court examined the affidavit and concluded that the required amount had indeed been recovered and sent to RERA, fulfilling the writ's directive. Consequently, the court held that the basis for the contempt proceeding no longer existed. The contempt application was therefore dismissed as infructuous, and the contempt notice was discharged.

Issues considered

  • What is the appropriate legal conclusion when a party demonstrates compliance with a writ order by recovering and remitting the specified amount to the concerned authority?

Subjects

  • contempt
  • writ compliance
  • RERA
  • civil contempt
  • high court
  • order dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 4125 of 2024

                                    Habsons Builders And Infrastructure Ltd
                                                                                              .....Applicant(s)
                                                                      Versus

                                    Shri Manish Kumar Verma, Collector/ D.M.
                                                                                                 .....Opposite
                                                                                                       Party(s)

                                    Counsel for Applicant(s)      : Ajay Kumar Sharma, Rahul Kumar
                                                                    Mishra
                                    Counsel for Opposite Party(s) : C.S.C.

                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. In paragraph no. 9 of the compliance affidavit filed by the opposite
                                    party on 8.8.2024 it has been stated that an amount of Rs. 8482884/- has
                                    been recovered from the defaulter firm and sent to RERA in the year
                                    2024.

                                    2. As the amount has been recovered from defaulter firm and sent to
                                    RERA, the order of writ Court has been complied with by the opposite
                                    party.

                                    3. In view of the said fact, contempt application has rendered infructuous
                                    and same stands dismissed. Contempt notice stands discharged.



                                                                                  (Rohit Ranjan Agarwal,J.)
                                    April 23, 2026
                                    Shekhar




Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad


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