High Court of DelhiCONT.CAS(C)/1904/2024

Lokesh Kumar Malhotra v. Mitsubishi Corporation India Private Limited & ANR.

2025-08-01Hon'Ble Mr. Justice Amit Sharma3 pages

Petitioner in person.

versus MITSUBISHI CORPORATION INDIA PRIVATE LIMITED & ANR.

.....Respondents Through:

Mr. Ketan Gaur, Mr. Neil Chatterjee, Mr. Abhinav Srivastav, Ms. Arsha Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 01.08.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 2(B) read with Section 12 of the Contempt of Court Act, 1971 seeks the following prayers: - "1) Initiate contempt proceedings against the Contemnor for wilful disobedience of the orders dated 24.07.2024, passed in Execution Petition No. EX. P. 51/2023, Mitsubishi Corporation India Private Limited vs. Lokesh Kumar Malhotra and Others.

2) Punish the Respondent/Contemnor under Section 12 of the Contempt of Courts Act, 1971, for their failure to comply with the court's directives, which has caused significant prejudice and mental agony to the Applicant.

3) Direct the Respondent/Contemn or to immediately provide the No Objection Certificate (NOC) and any other required documents necessary for quashing FIR No. 31/2016, as originally ordered by this Hon'ble Court.

4) Pass any such other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner who appears in person submits that vide order dated 18.03.2024 in execution petition 51/2023, the following directions were passed: - "2. The judgment debtor Nos. 1 to 2 are present in Court and state that they shall hand over vacant and peaceful possession of the property, namely H. No. 188, Second Floor, Surya , Niketan, Dclhi110092, within 3 months from today.

3. Simultaneously, judgment debtors shall move a petition for quashing of the FIR No. 31/2016, wherein the decree holder shall cooperate in quashing of the FIR.

4. The judgment debtors will give the. General Power of Attorney (GPA) in favour of decree-holder as regards the other 3 properties, namely (i) Flat No.406, Block B- I , Panchsheel Greens-II, Plot No. GH-01A, Sector 16, Greater Noida, Uttar Pradesh, (ii) Apartment No. B-901 (9th Floor), Tower-B, Sarvottam Shree, SL-02, DPS Road, Indirapuram, Ghaziabad, Uttar Pradesh (iii) Shop at Scctor29, Appu Ghar, Gurgaon, Haryana in order for the decree holder to contest the disputes vis-a-vis those 3 properties and the judgment debtors shall take steps for handing over possession and transfer of the ownership in favour of the decree holder within 3 months from today.

5. As and when the property at Surya Niketan is transferred in favour of the decree holder, the decree holder shall issue No Objection Certificate (NOC) for release of Provident Fund dues payable to the judgement debtor No. I."

The petitioner submits that in terms of the aforesaid order he filed a petition seeking quashing of the FIR no. 31/2016, however an objection was raised by the Registry which required the Adhar Card of the respondent and the same has not been supplied by the latter. 5.

Learned counsel appearing on behalf of the respondent has now supplied the copy of Adhar Card and the petitioner confirms the same. Learned counsel appearing on behalf of the respondent further submits that as per the agreement the petitioner also was required to co-operate with the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent with respect to the proceedings, for properties which he has given his power of attorney. Petitioner in person submits that he has already consented to the same. It is further submitted by the learned counsel for the respondent that an NOC dated 07.08.2025 has already been issued to the petitioner with respect to the quashing of the FIR and they stand by it. 6.

In view of the above, the petitioner seeks leave to withdraw the present petition.

Leave granted.

The same is dismissed as withdrawn and disposed of. 9.

Pending applications if any also stand disposed of. AMIT SHARMA, J AUGUST 1, 2025/kr/yg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.