Mr. Ashish Kundra And ANR v. A.B.Grain Spirits Pvt. Ltd And ORS

$~35 to 43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 11th July, 2023 CONT.APP.(C) 25/2023 & CAV 286/2023 & CM APPLs. 28878-28881/2023 MR. ASHISH KUNDRA AND ANR ..... Appellants A.B.GRAIN SPIRITS PVT. LTD AND ORS ..... Respondents CONT.APP.(C) 26/2023 & CM APPLs. 29110-29113/2023 ASHISH KUNDRA AND ANR ..... Appellants METRO TRANSIT PVT. LTD AND ORS ..... Respondents CONT.APP.(C) 27/2023 & CM APPLs. 29117-29120/2023 MR. ASHISH KUNDRA AND ANR ..... Appellants M/S ANTONY ROAD TRANSPORT SOLUTIONS PRIVATE LIMITED AND ORS CONT.APP.(C) 28/2023 & CM APPLs. 30892-30894/2023

METRO TRANSIT PVT. LTD AND ORS ..... Respondents CONT.APP.(C) 29/2023 & CM APPL. 30938-30940/2023 MR. NARESH KUMAR A.B. GRAIN SPIRITS PVT. LTD AND ORS ..... Respondents CONT.APP.(C) 30/2023 & CM APPLs. 30944-30946/2023 MR. NARESH KUMAR METRO TRANSIT PVT. LTD AND ORS ..... Respondents CONT.APP.(C) 31/2023 & CM APPL. 31069-31071/2023 ANTONY ROAD TRANSPORT SOLUTIONS PVT. LTD.

AND ORS CONT.APP.(C) 32/2023 & CM APPLs. 31075-31077/2023 NARESH KUMAR

ANTONY ROAD TRANSPORT SOLUTIONS PVT. LTD.

AND ORS CONT.APP.(C) 33/2023 & CM APPLs. 31078-31080/2023 A.B. GRAIN SPIRITS PVT. LTD. AND ORS..... Respondents Advocates who appeared in this case:

For the Petitioner:

Mr. Gaurab Banerji, Sr. Advocate with Mr. Satyakam, ASC.

.

For the Respondents:

Mr. Ankit Virmani, Mr. Anunay Mehta and Ms.Malvika Arya, Advocates in CONT.APP.(C) 25/2023 and CONT.APP.(C) 29/2023 Mr. Sushil Dutt Salwan, Sr. Advocate with Mr. Aditya Garg and Mr. Arjun Garg, Advocates in CONT.APP.(C) 26/ 2023, CONT.APP.(C) 27/2023, CONT.APP.(C) 28/2023, CONT.APP.(C) 30/2023, CONT.APP.(C) 31/2023, CONT.APP.(C) 32/2023 CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE MANOJ JAIN

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) 1.

Appellants impugn order dated 21.04.2023, whereby, learned

Single Judge has held the appellant guilty of contempt for willful disobedience of order dated 06.12.2017 in respective writ petitions filed by respondents.

2.

Learned senior counsel appearing for the appellants submits that the learned Single Judge has erred in holding the appellants guilty of contempt. He, however, without prejudice, submits that a settlement has been arrived at between the parties and appellants have agreed to pay certain amounts as agreed between the parties and recorded in Minutes of meeting dated 06.07.2023 held between the Principal Secretary-cum-Commissioner, Transport with the respondents.

Minutes of meeting dated 06.07.2023 have been produced in Court. The same are taken on record.

3.

Learned senior counsel for respondents submits that in view of the settlement arrived at between the parties and the assurance given that the amount shall be paid within 48 hours from now, he has instructions not to press the contempt petition and on payment of the amount, withdraw the contempt petition.

4.

In view of the above, the appeals are disposed of on the assurance given by the appellants that the amount shall be paid within 48 hours from now.

5.

It is directed that in case the respective amount, as agreed upon in the Minutes of meeting dated 06.07.2023, is paid on or before the end of working hours of 13.07.2023, the petitions which are listed

before the learned Single Judge on 14.07.2023, shall be deemed to have been dismissed as withdrawn and the impugned order dated 21.04.2023 set aside with the consent of the parties. However, in case the amount is not paid as assured, respondents would be at liberty to proceed further with the contempt proceedings in accordance with law.

SANJEEV SACHDEVA, J MANOJ JAIN, J JULY 11, 2023 st