Zubeda Khatoon v. Rajvansh Gupta

#39 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 983/2016 ZUBEDA KHATOON ..... Petitioner Through Mr. Mahesh Verma, Advocate versus RAJVANSH GUPTA ..... Respondent Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 23.08.2016 Present contempt petition has been filed alleging wilful disobedience of the order dated 10th February, 2016 passed in R.C.Rev. 608/2015 wherein respondent-Mr. Rajvansh Gupta stated that he will vacate the premises i.e., one hall on the ground floor of the property bearing No.7832/1, Abbas Building, Nai Basti, Bara Hindu Rao, Delhi, on or before 30th August, 2016 and will continue to pay regular user charges @ Rs.3,300/- per month as well as arrears within a period of four weeks. The Court also directed the respondent-Mr. Rajvansh Gupta to file an undertaking in the form of an affidavit within ten days.

Learned counsel for petitioner-Zubeda Khatoon states that despite the aforesaid order, respondent-Mr.Rajvansh Gupta has neither filed an affidavit nor paid the arrears of rent till date.

This Court is of the opinion that the petitioner has an alternate effective remedy by either approaching the Court that passed the order disposing of the R.C.Rev. 608/2015 or by filing proceedings under the Delhi Rent Control Act seeking payment of rents/user charges @ Rs. 3,300/- per month. It is pertinent to mention that the date for handing over possession has not matured till date.

With the aforesaid observations, present contempt petition stands disposed of.

MANMOHAN, J AUGUST 23, 2016 rn