Allahabad High Court
HABSONS BUILDERS AND INFRASTRUCTURE LTDversusSHRI MANISH KUMAR VERMA COLLECTOR/DISTRICT MAGISTRATE
- Decided
- Bench
- ROHIT RANJAN AGARWAL
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, the Collector/District Magistrate, filed a compliance affidavit stating that Rs. 8,851,396 had been recovered from a defaulter firm and remitted to the Real Estate Regulatory Authority (RERA) in 2024, thereby satisfying the writ. The court examined the affidavit and found that the required amount had indeed been recovered and sent to RERA, constituting compliance with the writ. 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 discharged.
Issues considered
- What is the appropriate legal response when a party demonstrates compliance with a writ order by remitting recovered funds to RERA?
Subjects
- contempt
- writ compliance
- RERA
- civil contempt
- court order
- recovery of dues
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 4126 of 2024
Habsons Builders And Infrastructure Ltd
.....Applicant(s)
Versus
Shri Manish Kumar Verma Collector/District
Magistrate .....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. 8851396/- 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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