High Court of DelhiCONT.CAS(C)/1772/2023

Anil Kumar Singhal v. M/S Raheja Developers Limited & ORS.

2024-08-29Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~122 & 123 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1772/2023 ANIL KUMAR SINGHAL .....Petitioner Through:

Mr. Sanjay Goel, Ms. Shriya Sirohi, Ms. Akanksha Gupta, Advocates.

versus M/S RAHEJA DEVELOPERS LIMITED & ORS. .....Respondents Through:

Mr. Gurtejpal Singh, Advocate.

+ CRL.M.C. 982/2022 & CRL.M.A. 6006/2023 ANIL KUMAR SINGHAL (SR. CITIZEN) .....Petitioner Through:

Mr. Sanjay Goel, Ms. Shriya Sirohi, Ms. Akanksha Gupta, Advocates.

versus STATE & ORS.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

Insp. Nagender Nagar, SI Ankur, PS Saket Mr. Gurtejpal Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 29.08.2024 1.

This Court on 28.08.2024 has passed the following Order: "1. This Court on 23.07.2024 had passed the following Order:

"1. On 27.05.2024, this Court noticed that in view of the settlement arrived at between the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

parties before the Mediation Centre on 12.12.2022 and the Order dated 04.05.2023, a sum of Rs.8,00,000/- is due and payable. Out of Rs.8,00,000/-, a sum of Rs.4,00,000/- are being handed over to the learned Counsel for the Petitioner in Court today.

2. Learned Counsel for the Respondent states that the balance sum of Rs.4,00,000/- will be paid within a month's time.

3. List on 28.08.2024."

2. It is stated by the learned Counsel appearing for the Petitioner that the cheque of Rs.4,00,000/- handed over in Court on 23.07.2024, was dishonoured for the reason that signature on the cheque does not match. The said sum of Rs.4,00,000/- has been paid by the Respondents only today. He further states that the undertaking given by the learned Counsel for the Respondents that the balance sum of Rs.4,00,000/- will be paid within a month's time has also not been complied with. He, therefore, states that the Respondent has breached the undertaking given to this Court which amounts to contempt of Court.

3. In the opinion of this Court, the Respondents have committed contempt of the Order dated 23.07.2024 passed by this Court by giving a wrong cheque which he knew would not be honoured and has also committed an aggravated contempt by not complying with the undertaking given to this Court.

4. Mr. Navin M. Raheja, who is the Managing Director of the Company, is directed to be present in Court tomorrow i.e., 29.08.2024 at 10:30 AM, with the entire remaining balance of Rs.4,00,000/-, failing which contempt proceedings will be initiated against the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

contemnors for wilful disobedience of the Orders of this Court.

5. List on 29.08.2024 at 10:30 AM.

Today, Mr. Navin M. Raheja, who is the Managing Director of the Company, is present in Court. It is stated that the entire amount has now been paid to the Petitioners which has been acknowledged by the learned Counsel for the Petitioners.

Though, this Court was of the opinion that the Order of the Court has been violated, however, in view of the fact that the entire amount now stands paid, in the opinion of this Court, the contempt has been purged. However, Mr. Navin M. Raheja, Managing Director of the Company, is directed to be careful in future in complying with the Orders of the Court. 4.

In view of the above, the petitions are disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J AUGUST 29, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.