Omar International v. Salman Latif And ANR

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1407/2024 OMAR INTERNATIONAL .....Petitioner Through:

Mr. Asad Alvi, Adv.

versus SALMAN LATIF AND ANR .....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 05.09.2024 CM APPL. 51525/2024 (Ex.) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CM APPL. 51526/2024 (Delay of 118 days in re-filing the present contempt petition) 3.

This application has been moved on behalf of the petitioner for condonation of delay of 118 days in re-filing the present contempt petition.

4.

For the reasons stated in the application, the application is allowed and delay of 118 days in re-filing the present contempt petition is condoned.

5.

The application stands disposed of.

CONT.CAS(C) 1407/2024 6.

The petitioner is seeking initiation of contempt proceedings against the respondent No.2/contemnor for the wilful disobedience of his undertaking given and recorded by the Court on 28.08.2018, 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 07/09/2024 at 14:23:56

passed in Writ Petition (Crl.) No. 1499/2018. 7.

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

8.

Evidently, in pursuance of the aforesaid undertaking, five cheques each of the sum of Rs. 25 lakhs were issued by the respondent No.2/Contemnor. It is the case of the petitioner that only one cheque bearing No. 00022 dated 28.08.2018, was presented for encashment which was dishonoured on representation on 12.11.2018. The present petition appears to be barred by limitation.

9.

After some arguments, learned counsel for the petitioner requests permission to withdraw the present CONT CAS(C) and pursue appropriate remedies in law.

10.

The same is dismissed as withdrawn without prejudiced. DHARMESH SHARMA, J.

SEPTEMBER 5, 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 07/09/2024 at 14:23:56