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Memorandum of Interlocutory Application
(Under Rule 18 of Contempt of Courts Rules)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
I.A. No. of 2023
In
CC No. 5627 of 2023
In
WP No. 7281of 2023
Between
Shamsher Singh Rawat, I.A.S.,
Principal Secretary, Finance Department,
Govt of A P, A P Secretariat,Velagapudi,
Amaravathi,Guntur District .....Petitioner/Respondent No. 1 and 3
And
M/s Akshara Enterprises India Private Ltd,
No.48-26-10, 2nd Floor, Sri Ramachandra Nagar,
Revenue Ward 2-A
Near G Square Hotel
Vijayawada - 520008
Representing by Administrative Officer,
SrikanthPinnenty, S/o Samabasiva Rao Aged 41 years
....Respondents/Petitioners
For the reasons stated in the accompanying affidavit, it is therefore prayed
that this Hon’ble High Court may be pleased to dispense with personal
appearance of the petitioner herein 1st and 3rd Respondent on 05.01.2024
before this Hon’ble High Court as ordered dated.29.12.2023 in CC No.5627 of
2023 and pass such other order or orders as this Hon’ble Court may deem fit
and proper in the circumstances of the case.
Place: Amaravati
Date:
Counsel for Petititioner/Respondent No. 1 and 3
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C.C.No. 5627of 2023
Between:
M/s Akshara Enterprises India Private Ltd,
No.48-26-10, 2nd Floor, Sri Ramachandra Nagar,
Revenue Ward 2-A
Near G Square Hotel
Vijayawada - 520008
Representing by Administrative Officer,
SrikanthPinnenty, S/o Samabasiva Rao Aged 41 years
…Petitioner
And
Sri SS Rawath, IAS
Special Chief Secretary to Government,
Finance Department
Government of Andhra Pradesh
Secretariat Velagapudi, Amaravati
Guntur District and 2 others
...Respondents
AFFIDAVIT FILED BYTHE RESPONDENT No.1 and 3
I, Shamsher Singh Rawat, S/o. Chandra Singh Rawat, aged 53 years, Occ:
Special Chief Secretary to Government, Finance Department, A.P. Secretariat,
Velagapudi, Amaravati, Guntur District, do hereby solemnly affirm and
sincerely state on oath as follows.
2. I am the deponent and the respondent No.1 and 3 herein & as such well
acquainted with the facts of the case.
Attestor Deponent
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I have read the affidavit filed in support of the above contempt case and
deny all the allegations made therein, except those that are specifically
admitted hereunder.
3. It is submitted that the instant Contempt Case i.e., C.C. No.5627 of 2023
is filed for non-compliance of the orders of this Hon’ble Court
dated.02.05.2023 in W.P.No.7281 of 2023.
4. It is submitted that on, this Hon’ble Court has of the said W.P No.7281 of
2023, with the following directions:
5. the Hon'ble High Court in its orders dated 02.05.2023 in W.P.No.7281
of 2023 has passed the following order:
" Para - 14 For the foregoing reasons, the respondents are directed to release the
admitted amount of Rs. 31,76,13,619/- to the petitioner's company, as expeditiously
as possible, preferably within a period of three (03) months from the date of receipt of
this order. So far as the other claims are concerned, the petitioner is at liberty to
pursue the same on a fresh cause of action as per law if so advised.
para 15. Accordingly, the writ petition is disposed of. There shall be no order as to
costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.
6. It is submitted that this Hon’ble Court vide Order dated 29.12.203 has
issued the following directions, in the instant CC:
" In the light of the above said situation, as this court does not see any valid reason for
non-payment of the above said due bill amount, the respondent Nos. 1 and 3 by name
Sri. S.S. Rawat, I.A.S, Special Chief Secretary to Government, Finance Department,
A.P. Secretariat, Velagapudi, Amaravathi, Guntur District shall be present in the court
to show cause on the next date of hearing if the balance amount as admitted is not
paid by that date.
List on 05.01.2024."
Attestor Deponent
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7. It is further submitted that due to severe resource constrains facing by the
Govt. at present, Govt. have already file a counter assuring that the bill will be
cleared before FY 2023-24. Further the DDO Concerned has instructed to split
the bill in a smaller amounts, so that it would be cleared in a phased manner.
Therefore as and when receipts of the bills from the DDO concerned, some
amounts would be cleared by the Finance department, GoAP on priority and
remaining will be cleared before FY 2023-24. I respectfully submit that I have
to go to New Delhi on official tour on 05.01.2024 for which my presence is
unavoidable on behalf of Govt. of Andhra Pradesh. Therefore, I am unable to
attendbefore this Hon’ble Court on 05.01.2024, in person. I sincerely apologize
to this Hon’ble Court for my non-appearance on 05.01.2024, before this
Hon’ble Court. My absence before the Hon’ble Court is neither willful nor
wanton. Therefore, I pray that this Hon’ble Court may be pleased to dispense
with my personal appearance on 05.01.2024 in the instant Contempt Case.
In view of the aforesaid facts and circumstances, it is prayed that this
Hon’ble Court may be pleased to dispense with personal appearance of the
Respondent No. 1 and 3 on 05.01.2024 in C.C No. 5627 of 2023, as directed by
this Hon’ble Court on 29.12.2023 in the interest of justice.
Solemnly and sincerely affirmed
on this the thdayof January, 2024
and signed his name in my presence. Deponent
Attestor
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DISTRICT:
NTR DISTRICT, VIJAYAWADA
IN THE HIGH COURT
OF ANDHRA PRADESH AT
AMARAVATI
CC. No. 5627 OF 2023
COUNTER AFFIDAVIT FILED
BY THE RESPONDENT No.1 and 3
Filed by:
Sri. S NISCHALA REDDY (12913)
Advocate
Counsel for Respondent No.1 and 3
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C.C. No. 5627 of 2023
Running Index
Sl.No Particulars Date of Date of Page
Document Filing No
1 Counter affidavit
Amaravti
Date: Counsel for the Respondent No. 1 and 3
