SUNEET KUMAR,J. - (1.) Heard Shri K.N. Tripathi, learned Senior Advocate, assisted by Shri Arvind Srivastava and Shri Rishabh Kumar, learned counsels for the applicant and Shri M.C. Chaturvedi, learned Senior Advocate, assisted by Shri Kaushalendra Nath Singh, learned counsels for the opposite party.
(2.) The instant contempt petition has been filed under the Contempt of Courts Act, 1971, for punishing the opposite parties, including, the Chairman/Chief Executive Officer, New Okhala Industrial Development Authority (Noida), for flouting the order dated 14 December 2007, passed in First Appeal: Jagdish Chandra and others vs. New Okhala Industrial Development Authority, Noida1 (First Appeal No. 412 of 2007).
(3.) The Stamp Reporter has reported that the judgment and decree of the Appellate Court was brought to the notice of the opposite parties on 7 February 2014, accordingly, the contempt petition has been filed after a lapse of 6 years 65 days. The opposite party no. 1 has put in appearance and filed affidavit, inter alia, stating that the petition apart from being barred by laches and delay, the judgment and decree of the Appellate Court is not executable under the Contempt of Courts Act, 19712. The contempt petition is not maintainable, remedy available to the applicant/appellant is before the civil court by resorting to execution proceedings.;