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High Court of DelhiCONT.CAS(C)/1279/2024

M/S Abul Kalam Azad Islamic Awakening Centre v. Khadija Hospital Pvt. Ltd. And ANR

2024-08-16Hon'Ble Mr. Justice Dharmesh Sharma2 pages

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1279/2024 M/S ABUL KALAM AZAD ISLAMIC AWAKENING CENTRE .....Petitioner Through:

Ms. Jaya Goyal, Adv.

versus KHADIJA HOSPITAL PVT. LTD. AND ANR .....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 16.08.2024 CM APPL. 47042/2024 (Ex.) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CM APPL. 47043/2024 (Delay of 23 days in re-filing the present contempt petition) 3.

This application has been moved on behalf of the petitioner seeking condonation of delay of 23 days in re-filing the present contempt petition.

4.

For the reasons stated in the application, the application is allowed and delay of 23 days in re-filing the present contempt petition is condoned.

5.

The application stands disposed of.

CONT.CAS(C) 1279/2024 6.

The petitioner is seeking initiation of contempt proceedings against the respondents for being in alleged wilful breach of the 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 21/08/2024 at 15:10:55

undertaking given before this Court recorded vide order dated 10.06.2022 in C.S. No. 1960/2017 before the learned ADJ-11, Central District, Tis Hazari Courts, Delhi.

7.

None appeared on behalf of the respondents/judgment debtors despite sending advance notice.

8.

After some arguments, learned counsel for the petitioner requests permission to withdraw the present contempt petition and pursue the appropriate remedy, i.e. execution of the Decree dated 10.06.2022, before the competent Executing Court in accordance with the law.

9.

It is ordered accordingly.

DHARMESH SHARMA, J.

AUGUST 16, 2024 sp 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 21/08/2024 at 15:10:55