R.K. Gulati, J. - (1.) THROUGH this application. It is prayed that proceedings under the Contempt of Courts Act be initiated against Gorakhnath Chaubey, Tahsildar Sadar, Varanasi, S.K. Bhatnager, Naib -Tahsildar Sadar, Varanasi and Om Prakash Singh, Amin, Tahsil Sadar, Varanasi for having violated the stay orders passed by this Court dated 15 -9 -1981, 18 -3 -1982 and 6 -10 -1983. The contempt is alleged to have been committed on 28 -8 -1990 when, it is asserted, the opposite parties came to the house of one of the Directors and asked for payment of Rs. 1,68,000/ - as arrears of provident fund which is due from the applicant Company, M/s. Metal Goods Manufacturing Co. (P.) Ltd. Varanasi.
(2.) I have heard the learned counsel for the applicant and have perused the contents of the application carefully. It seems, a writ petition No. 10479 of 1981 M/s. Metal Goods Manufacturing Company (P.) Ltd. v. State of U.P. and others was filed on 3 -9 -1981 by the applicant against the recovery proceedings relating to the provident fund. A Bench of this Court on 15 -9 -1981 passed an interim stay order directing inter alia; Issue notice. Realisation of the amount claimed from the petitioner arrears of Provident Fund and other dues shall remain suspended for a period of four months at the first instance. If during this period of four months the petitioner pays in cash to the Collector, Varanasi as sum of Rs. 50,000/ - (Rs. fifty thousand), the recovery shall remain suspended till further orders. If however, the aforesaid amount is not paid in four months the stay order shall stand automatically vacated immediately after the expiry of four months.
(3.) The applicant did not abide by the above order, inasmuch as, no payment was made as directed. Subsequently, after the counter affidavit and supplementary affidavits had been exchanged between the parties, an order dated 18 -3 -1982 was passed by this Court. The relevant part whereof is as under: Heard learned counsel for the parties. Interim order dated 15 -9 -81 is confirmed. It is, however, modified so far payment of arrears is concerned. Admittedly the petitioner is leased with M/s. Asia Cycles (P.) Ltd. Varanasi, Vidyapeeth Road, Varanasi, A sum of Rs. 3,000/ - is paid per month by the lessee to the petitioner. This has been attached by Tahsildar, Varanasi on 28 -2 -1981. Petitioner, therefore, is deprived of the source from which it could pay the arrears of provident fund. It is, therefore, directed that respondents shall "realise sum of Rs. 3,000/ - every month payable by Asia Cycle (P.) Ltd. till an amount of Rs. 1,68,000/ - is paid or the petition in the mean time comes up for hearing".;