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High Court of DelhiCONT.CAS(C)/16/2018

Shashi Prabha Jindal v. Pradeep & ANR

2018-01-16Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 16/2018 SHASHI PRABHA JINDAL ..... Petitioner Through:

In person.

versus PRADEEP & ANR ..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 16.01.2018 CM. No. 787/2018 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

CONT.CAS(C) 16/2018 This contempt petition has been filed by the petitioner alleging violation of order dated November 3, 2017, passed by the concerned Metropolitan Magistrate which reads as under:- "Let warrants of attachment be issued for attachment of movable properties of the JD for satisfaction of the present execution. JD is directed to show cause as to why his property should not be attached for the purpose of present execution. PF be filed along with list of movable properties within seven days from today.

Put up the matter for report of attachment on 26.02.2018."

Petitioner who appears in person states, she filed an application on November 14, 2017 with a prayer that Nazir be directed to issue warrants of

attachment of moveable property of the judgment debtor in compliance of order dated November 3, 2017. She states, the application was disposed of by the learned MM on November 16, 2017 with the following order: "It is seen from the file that show cause notice has already been issued by Nazir.

In view of the same, application filed by applicant becomes infructuous.

Put up the matter for date fixed on 26.02.2018. It is the submission of the petitioner that warrants of attachment have not been issued in terms of order dated November 3, 2017. I have seen the orders of the learned MM passed on November 3, 2017 and November 16, 2017. This court is of the view that it would be appropriate for the petitioner to file a fresh application in support of her submissions made today. Petitioner states, she will file an application and wishes to withdraw the contempt petition. If that be so, if such an application is filed, same shall be considered expeditiously by the learned MM.

The petition is dismissed as withdrawn.

V. KAMESWAR RAO, J JANUARY 16, 2018/jg