Moneywise Financial Services Pvt. Ltd. v. Bhoruka Classic Finance Priv Ate Limited. & ANR.
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 609/2024 & CM APPL. 43521/2024 MONEYWISE FINANCIAL SERVICES PVT. LTD.
.....Petitioner Through:
Mr. Shreyas Jain, Adv.
versus BHORUKA CLASSIC FINANCE PRIVATE LIMITED. & ANR.
.....Respondents Through:
Mr. Karunesh Tandon, Mr.
Rahul Chauhan, Mr. Abhishek Singh and Mr. Anurag Yadav, Advs.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 25.09.2024 1.
Having heard the learned counsels for the parties and on perusal of the record, this petition comes up for final disposal. 2.
Shorn of unnecessary details, the parties are before the Arbitral Tribunal, which vide order dated 31.01.2024 passed an order under Section 17(ii) (b) of the Arbitration and Conciliation Act, 1996 ["A&C Act"], thereby directing the respondent/contemnor to deposit a sum of Rs. 77,31,132/- in form of Fixed Deposit Receipts in the name of respondent No.1, with any nationalized bank situated at the place of its registered office i.e. Mumbai, Maharashtra within one month of such order.
3.
Since the said order was not complied with, the present Contempt Petition was instituted, and on taking cognizance, notice was issued on 10.04.2024.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 05:04:26
4.
Learned counsel for the respondents has pointed out that the aforesaid order was assailed by filing objections under Section 37 of the A&C Act on 09.03.2024, and the same is sub judice before the learned District Judge (Commercial Court), New Delhi. The said fact was acknowledged by the learned counsel for the petitioner, except that he submitted that there is no interim order staying operation of the aforesaid order.
5.
Be that as it may, since the matter is in appeal, it would be a futile exercise as of now to proceed under the Contempt of Courts Act, 1971. Therefore, the present Contempt Petition is dismissed without prejudice.
6.
The pending application also stands disposed of. DHARMESH SHARMA, J.
SEPTEMBER 25, 2024/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 05:04:26