Rahul Chhabra v. The State (Govt. Of NCT Of Delhi)

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1826/2018 RAHUL CHHABRA ..... Petitioner Through:

Mr. Ravinder Kumar, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through:

Mr. Rajat Katyal, APP for State with SI Niraj Kumar, PS-Shakarpur.

Ms. Rajdipa Behura, SPP for CBI with Ms. Damini K. Advocate.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 06.02.2019 On 03.08.2018 & 25.09.2018, the Court had passed the following orders:- "Order dated 03.08.2018 At the request of the parties, the case is referred to the Delhi High Court Mediation and Conciliation Centre, where the parties shall appear tomorrow, i.e. on 04.08.2018 at 3.00 pm.

The petitioner shall continue to pay an amount of Rs. 11,000/- every month to the respondent directly into her bank account. He shall also pay arrears as per the Trial Court's order dated 07.06.2018 in two equal instalments, i.e on 25th August, 2018 and 25th September, 2018.

List before Court on 25.09.2018".

"Order dated 25.09.2018 Mr. Amit Chadha, the learned counsel for the State states, upon instructions, that there is non-compliance of the Court's earlier order. It is stated that the outstanding amount

of Rs.39,500/- is still due to be paid to the respondent. The learned counsel for the petitioner assures the Court that of the said amount, Rs. 25,000/- shall be deposited into the respondent's bank account, latest by the evening of 26.09.2018 and the remaining amount shall be deposited on or before 04.10.2018, failing which the petition shall be deemed to have been dismissed for non-prosecution. Let it be so done. He further assures the Court, upon instructions, that the petitioner will continue to comply with this Court's direction.

In view thereof, the parties shall appear before the Delhi High Court Mediation and Conciliation Centre on 04.10.2018, the date already fixed.

Renotify before the Court on 16.11.2018.

A copy of this order be given dasti to the parties, under the signature of the Court Master".

On 14.12.2018, the case was referred to the Delhi High Court Mediation and Conciliation Centre but it was to no avail. The learned Additional Public Prosecutor for the State submits that the petitioner has not paid monies @Rs.11,000/- per month, in terms of the order dated 03.08.2018, despite opportunity being granted to him. He submits that the petitioner is in arrears of Rs. 25,000/-. Since the petitioner is in default of payments in terms of the aforesaid orders, the interim order stands vacated.

The application is dismissed.

NAJMI WAZIRI, J FEBRUARY 06, 2019 RW