Court's power to enforce compliance with court orders and ensure automatic payment of outstanding amounts.

This contempt petition has been filed alleging non compliance of the orders dated 01.08.2016 and 19.09.2016 passed on I.A. Nos.2 and 3 of 2016 in MFA No.3407/2016.

2. Pursuant to the process issued, on behalf of the accused, Mr. A.S. Gupta, learned advocate has appeared.

3. We have heard the complainant Smt. Shreelatha Nayak, party in person and Mr. A.S. Gupta, learned advocate on behalf of the accused.

4. This matter was heard yesterday and Mr. A.S. Gupta orally submitted that 3 cheques were forwarded on behalf of his client by him through registered post but the envelopes were returned back as unclaimed. Learned advocate submitted that there was no attempt on the part of the accused to defy the orders of this Court.

5. Under these circumstances, we had directed to open the envelopes. Upon opening, it was found that the validity of one cheque had expired. Two cheques were valid. Hence, the following order was passed by this Court on 07.02.2017:-

“Two cheques amounting to Rs.7,500/- each dated 23.11.2016 and 12.01.2017 of ‘Oriental Bank of Commerce’ drawn by Mr. A.S. Gupta, the learned Advocate are tendered and the same is handed over to the complainant.

Mr. A.S. Gupta, further states that rest of the two cheques shall be given on 08.02.2017.

The party-in-person may also bring the bank details, so that, appropriate orders can be passed for crediting the amount in her account, directly.

Put up on 08.02.2017 at 2.30 p.m.”

6. Today we have taken up the matter and Mr. A.S. Gupta tendered two cheques numbered 006455 and 006456 both dated 08.02.2017 for Rs. 7,500/- each, drawn on Oriental Bank of Commerce, in favour of the complainant, to be handed over to the complainant. Both the cheques were handed over to the complainant.

7. What we can notice is that every month payment has to be made to the complainant. Hence, it would be appropriate to direct the accused to ensure that the amount is automatically credited to the bank account of the complainant, before 20th day of every month. The complainant has given her bank account details as below:-

Name: Shreelatha Nayak

S.B. A/c No.64186181918

State Bank of Mysore, Hulimavu Branch,

Bangalore – 560 076.

IFSC Code: SBMY0040660

8. In view of the aforesaid factual details, we find that the payment of outstanding amount up to end of January, 2017 has been made to the complainant and Mr. A.S. Gupta states that he would ensure the two cheques handed over today to the complainant would be honoured by the bank on presentation.

We direct that henceforth i.e., from February, 2017 onwards, every month Rs. 7,500/- shall be credited by the accused in the aforesaid bank account of the complainant.

In view of the above, the present contempt proceeding need not be continued further and hence, stands dropped.