MC(Cont(C))/4/2024 of DR. NILESH K. JAYBHAYE Vs DR. NALIN MEHTA AND 3 ORS. on 18 July 2024

1. Dr. Nalin Mehta,Director, North Eastern Indira GandhiRegional Institute of Health and MedicalSciences, (NEIGRIHMS), Mawdiangdiang,Shillong – 793018,District: East Khasi Hills, Meghalaya.Director, North Eastern Indira GandhiRegional Institute of Health and MedicalSciences, (NEIGRIHMS), Mawdiangdiang,Shillong – 793018,District: East Khasi Hills, Meghalaya.

2. Dr. (Mrs) Asima BhattacharyaDean and HOD, Anatomy DepartmentNorth Eastern Indira Gandhi RegionalInstitute of Health and Medical Sciences(NEIGRIHMS), Mawdiangdiang,Shillong – 793018,District: East Khasi Hills, Meghalaya.Dean and HOD, Anatomy DepartmentNorth Eastern Indira Gandhi RegionalInstitute of Health and Medical Sciences(NEIGRIHMS), Mawdiangdiang,Shillong – 793018,District: East Khasi Hills, Meghalaya.

3. Dr. A.J. Patowary,HOD, Department of Forensic Science/Post Graduate Exam Controller/Chairmanof Ex-parte Committee,North Eastern Indira Gandhi RegionalInstitute of Health and Medical SciencesHOD, Department of Forensic Science/Post Graduate Exam Controller/Chairmanof Ex-parte Committee,North Eastern Indira Gandhi RegionalInstitute of Health and Medical Sciences (NEIGRIHMS), Mawdiangdiang,Shillong – 793018,District: East Khasi Hills, Meghalaya.

4. Shri. Jiten Singh,Law Officer/RTI OfficerNorth Eastern Indira Gandhi RegionalInstitute of Health and Medical Sciences (NEIGRIHMS), Mawdiangdiang, Shillong – 793018, District: East Khasi Hills, Meghalaya.

:::::Opposite Parties.

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance:

For the Petitioner/Appellant(s)

:

Ms. A. Synrem, Adv. vice

Mr. S.D. Upadhaya, Adv.

For the Respondent(s)

:

Dr. N. Mozika, Sr. Adv. with

Ms. K. Gurung, Adv.

i) Whether approved for reporting in Law journals etc.:

Yes/No

ii) Whether approved for publication in press:

Yes/No

ORAL:

Heard Ms. A. Synrem, learned counsel for the applicant, who hassubmitted that this Court vide order dated 18.06.2024 had disposed of theCont.Cas(C) No. 65 of 2022. While disposing of the said contempt case, thesame was dismissed with imposition of cost of 20,000/- (Rupees twenty₹thousand) only upon the applicant herein, such payment to be made within4(four) weeks from the date of the order.

The learned counsel also submits that the applicant has not beenable to make payment of the said cost which was directed to be paid infavour of the Shillong Bar Association, and the last date of payment being18.07.2024. It is prayed that some more time may be allowed for theextension of time for payment to be made.

This Court on consideration of the submission made, and onperusal of the Misc. Case, would allow the applicant to make payment of thesaid cost as prayed for. Accordingly, the date for payment of the cost isextended for another period of 60(sixty) days from the date of this order.

As far as the prayer of the applicant to keep in abeyance theoperation of the said order dated 18.06.2024, to allow him to file a SpecialLeave Petition/Appeal before the Hon’ble Supreme Court, this Court wouldopine that it is the liberty of the applicant to approach any Court or anyHigher Court for that matter. There is no question of stay of the operation ofthe said order dated 18.06.2024 at this point of time, unless the same isstayed by a Higher Court.

In view thereof, this Misc. Case is accordingly disposed of.

Judge