Kanta Kohli (Deceased) Thr Rashmi Seth v. Mukesh Kohli

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 108/2016 KANTA KOHLI (DECEASED) THR RASHMI SETH ..... Petitioner/Relator Through:

Mr. D.K. Thakur, Adv.

Versus

MUKESH KOHLI ..... Respondent/Alleged Contemnor Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 19.02.2016 1.

Contempt is alleged of the orders dated 25th November, 2003 and 8th January, 2004 respectively in RFA No.605/2001. 2.

The orders of which contempt is averred are on an application in the appeal under Order XXXIX Rule 1&2 of the Code of Civil Procedure, 1908 (CPC).

3.

The Division Bench of this Court in Bimal Chandra Sen Vs. Kamla Mathur 22 (1982) DLT 33 subsequently followed in J.R. Jindal Vs. Family Planning Association of India 80 (1999) DLT 464 has held that in such situation petition under the Contempt of Courts Act, 1971 is not the remedy but the application under Order XXXIX Rule 2A of the CPC is to be filed. 4.

The petition is thus dismissed with liberty however to the petitioner to approach under Order XXXIX Rule 2A of the CPC in RFA No.605/2001. No costs.

RAJIV SAHAI ENDLAW, J FEBRUARY 19, 2016 'gsr'..