Baldev & ORS v. P K Gupta & ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 242/2016 & C.M.No.16913/2016 BALDEV & ORS ..... Petitioners Through Mr.J.C.Mahindro, Advocate.

versus P K GUPTA & ORS ..... Respondents Through Ms.Monika Arora, standing counsel for North DMC with Mr.Kaushal Kumar, Advocate for R-1 to 5.

Ms.Neelam Singh, Advocate for R6/GNCTD.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 15.02.2017 Present contempt petition has been filed alleging wilful disobedience of the order dated 20th January, 2015 passed in Suit No.475/2014, wherein the respondent-North Delhi Municipal Corporation stated that no fresh drain is being constructed in Khasra No.1088/1 and MCD shall not construct a new drain without due process of law in the said khasra. Since the present petition alleges violation of an undertaking/order passed in civil suit, this Court is of the opinion that the petitioner has an alternative effective remedy of filing execution proceedings. Consequently, the present contempt petition is disposed of with liberty to the petitioners to file the execution proceedings in accordance with law.

Order dasti.

MANMOHAN, J FEBRUARY 15, 2017/KA