Intzar Ali v. Usha

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 76/2016 INTZAR ALI ..... Petitioner Through: Mohd. Ajaz Hussain, Adv.

versus USHA ..... Respondent Through: In person

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 07.12.2016 The respondent appears in person.

It is pertinent to mention that the present contempt petition has been filed alleging wilful disobedience of the order dated 17th December, 2014 passed in CS(OS) No. 1487/2014 whereby the respondent undertook to abide by the terms and conditions of the settlement agreement dated 23rd September, 2014 by virtue of which the respondent was to pay Rs. 15 lacs to the petitioner within six months and the agreement to sell dated 06th November, 2013 was to be cancelled.

Learned counsel for the petitioner states that despite lapse of six months as stipulated in the settlement agreement, respondent has not paid the settlement amount till date.

This Court finds that the petitioner has an alternative effective remedy by filing execution proceedings as the aforesaid suit was

decreed in accordance with the settlement agreement. Consequently, the present contempt petition is dismissed with liberty to the petitioner to file execution proceedings. The rights and contentions of all parties are left open.

MANMOHAN, J DECEMBER 07, 2016 NG