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High Court of DelhiCONT.CAS(C)/283/2015

Chandra Shekhar Bhardwaj v. Maj. (Retd.) K.R.Suri (Since Deceased) Through His Legal Heirs Capt. Dhanesh Kumar Suri & ORS

2017-05-09Hon'Ble Mr. Justice Manmohan2 pages

#12 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 283/2015 CHANDRA SHEKHAR BHARDWAJ ..... Petitioner Through Petitioner in person.

versus MAJ. (RETD.) K.R.SURI (SINCE DECEASED) THROUGH HIS LEGAL HEIRS CAPT. DHANESH KUMAR SURI & ORS ..... Respondents Through Mr. Satyakam Saini with Ms. Suyesha Saini, Advocates, Advocate

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 09.05.2017 Present contempt petition has been filed alleging wilful disobedience of the order dated 20th May, 2014 passed by a Coordinate Bench of this Court in CM(M) 915/2012.

Today in Court, the petitioner who appears in person has handed over a Demand Draft bearing No. 122692 dated 3rd May, 2017 for Rs. 1500/- drawn upon Canara Bank, Bhagwan Das Road, New Delhi to learned counsel for respondents.

Petitioner states that despite the said payment, respondents have violated the order dated 20th May, 2014 as they have neither installed an MCB nor a new meter or carried out fresh wiring.

A reading of the order dated 20th May, 2014 reveals that the petitioner had to pay Rs. 1500/- for rewiring which had already been undertaken by the respondent about two months prior to 20th May, 2014. Petitioner was additionally given liberty to install an MCB and a new meter as well as fresh wiring of standard quality within two weeks.

Consequently, as the order dated 20th May, 2014 casts an obligation on the petitioner to install MCB as well as a new meter and fresh wiring, this Court is of the view that the present contempt petition is not maintainable. It is also pertinent to mention that there is no averment in the present contempt petition that respondents had prevented or restrained the petitioner from carrying out rewiring or installing a new meter or MCB. Accordingly, present contempt petition being bereft of merits is dismissed and notices issued are discharged.

MANMOHAN, J MAY 09, 2017 rn