Gauhati High Court
Cont.Cas(C)/187/2026 of MILAN DUTTA Vs CHINMOY PRAKASH PHOOKAN on 16 June 2026
GAHC010044672026 2026:GAU-AS:8744 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/187/2026 MILAN DUTTA S/O LATE BHOGESWAR DUTTA, R/O UJAN BAZAR NEAR RAJBHAWAN, P.O. AND P.S.- LATASIL, DIST- KAMRUP (M), ASSAM, PIN-781006 VERSUS CHINMOY
GAHC010044672026
2026:GAU-AS:8744
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/187/2026
MILAN DUTTA
S/O LATE BHOGESWAR DUTTA, R/O UJAN BAZAR NEAR RAJBHAWAN, P.O.
AND P.S.- LATASIL, DIST- KAMRUP (M), ASSAM, PIN-781006
VERSUS
CHINMOY PRAKASH PHOOKAN
MANAGING DIRECTOR, THE ASSAM STATE TRANSPORT CORPORATION
(ASTC), PALTANBAZAR, GUWAHATI-781008
For the Petitioner(s) : Mr. T. H. Hazarika, Advocate For the Respondent(s) : Mr. A. Chamuah, Advocate
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
17.06.2026
Heard Mr. T. H. Hazarika, the learned counsel appearing on behalf of the Petitioner. Mr. A. Chamuah, the learned counsel appears on behalf of the Contemnor.
2. The instant application has been filed by the Petitioner alleging willful and deliberate violation to the order dated 04.06.2025 passed in WP(C) No.2197/2017 wherein there was a specific direction to make payment to the Petitioner after carrying out the verification within a period of five months from the date of receipt of the certified copy of the order. On account of non-payment, the Petitioner has approached this Court by filing the instant application alleging willful and deliberate violation.
3. This Court duly takes note of an affidavit filed by the sole Respondent, i.e. Sri Chinmoy Prakash Phookan, the Managing Director of the ASTC. In the said affidavit, it is mentioned that after carrying out the verification, it was found that the Petitioner was entitled to an amount of Rs.50,80,309/- out of which an amount of Rs.25 lakhs has already been paid. It is also mentioned that in addition to that, another amount of Rs.2 lakhs has been paid. The remaining amount to be paid is Rs.23,80,309/- and an undertaking has been given at paragraph No.3 of the said affidavit by the Contemnor that the said amount would be paid within a period of one year.
4. This Court duly takes note of the submission of Mr. A.
Chamuah, the learned counsel appearing on behalf of the Respondent to the effect that there is a typographical error in paragraph No.3 wherein it is mentioned that the remaining amount payable is Rs.20,80,309/- which ought to have been Rs.23,80,309/-.
5. Taking into account the same, this Court directs the Respondent to comply with the undertaking so given before this Court and as agreed to, the payment of the remaining amount of Rs.23,80,309/- is directed to be paid within a period of 1 year from the date of the present order. It has been also agreed that every month from today, an amount of Rs.2 lakhs would be paid and the last installment, an amount of Rs.1,80,309/- would be paid. The agreed installment basis is given herein under:- SL No. Amount to be paid On or before
Rs.2,00,000/- 17.07.2026
Rs.2,00,000/- 17.08.2026
Rs.2,00,000/- 17.09.2026
Rs.2,00,000/- 17.10.2026
Rs.2,00,000/- 17.11.2026
Rs.2,00,000/- 17.12.2026
Rs.2,00,000/- 17.01.2027
Rs.2,00,000/- 17.02.2027
Rs.2,00,000/- 17.03.2027
Rs.2,00,000/- 17.04.2027
Rs.2,00,000/- 17.05.2027
Rs.1,80,309/- 17.06.2027
6. It is observed that if there is any violation to the above directions, it would be construed to be a violation not only to the directions passed by this Court in the order dated 04.06.2025 passed in WP(C) No.2197/2017, but also it would be construed as a violation to the undertaking given by the Contemnor before this Court.
7. The instant proceedings accordingly stands closed.
JUDGE Comparing Assistant