High Court of DelhiCONT.CAS(C)/1926/2024

Aditya Madan v. Shobhit Madan And ORS

2024-12-05Hon'Ble Mr. Justice Manoj Jain3 pages

Mr. Anshu Mahajan, Advocate along with petitioner-in-person versus SHOBHIT MADAN AND ORS .....Respondent Through:

Advocate for R-1 (Appearance not given) Mr. Kamal Mehta, Advocate for R-2 & R-3

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

Petitioner seeks initiation of contempt proceedings against respondents for wilful disobedience of the order dated 16.08.2024 passed by the Court of learned District Judge-06, South-East, Saket, New Delhi. 2.

Petitioner herein had filed a civil suit and during pendency of the aforesaid civil suit, status report was furnished by Life Insurance Corporation (LIC) and as per report, the disbursal of the maturity amount to defendant Dr. Shobhit Madan had been put on hold till further orders of the Court. 3.

It is submitted that despite there being specific report, LIC released the amount to the defendant claiming it to be a case of oversight. CONT.CAS(C) 1926/2024 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The content of letter dated 29.11.2024 sent by LIC to the learned Trial Court have also been perused wherein it has also been mentioned that a fraud has been played by the defendant Dr. Shobhit Madan. 5.

The maturity amount under the LIC policy in question is stated to be Rs. 87,650/-.

Learned counsel for respondent no. 1 Mr. Shobhit Madan and learned counsel for respondent nos. 2 & 3 appear on advance notice. 7.

Learned counsel for respondent no. 1 submits that aforesaid amount was duly credited in the bank account of respondent no. 1 but it is on hold and as per the instructions, respondent no. 1 would, if required, intimate his bank also to re-transfer the aforesaid amount to the LIC within two workings days from today. Learned counsel for respondent no. 1 also submits that there was never any intention to defy the order of the Court. He also submits that moreover, there was never any direction in this regard passed by learned Trial Court.

Be that as it may, since specific statement has been made by learned counsel for respondent no. 1 which is taken on record, learned counsel for petitioner submits that reserving his rights and contentions, he would not press his present contempt petition provided as undertaken above is done within two working days.

In view of above, present contempt petition is disposed as not pressed. 10.

It is, however, made clear that the aforesaid maturity amount under the aforesaid LIC policy shall not be released to any of the party until any further order in this regard is received by LIC from learned Trial Court. 11.

It is also clarified that this Court has not observed anything as to who is entitled to the aforesaid amount.

12.

All the rights and contentions of the parties are reserved. 13.

A copy of this order be given dasti under the signatures of the Court Master to the learned counsel for parties.