M/S Appl Industries Ltd v. Nitin Jain & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1043/2016 M/S APPL INDUSTRIES LTD ..... Petitioner Through:

Mr.Akash Vajpai, Advocate versus NITIN JAIN & ORS ..... Respondents Through:

Nemo.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 16.09.2016 The present contempt petition has been filed alleging wilful disobedience of the undertaking/statement given on 24th November, 2015 in C.C.No.8482/1 wherein respondent undertook to settle the matter for a sum of Rs.48 lacs and agreed to pay the settlement amount in four instalments of Rs.12 lacs each commencing 2nd January, 2016.

Despite the aforesaid statement, respondent has not paid a single instalment till date.

A perusal of the paper book reveals that the undertaking was given to the Court on the same day when the Court itself passed an order that it did not have territorial jurisdiction to decide the dispute. Since in the present case statement had been made before a Court which had no jurisdiction, this Court is of the opinion that the present contempt petition does not lie.

Accordingly, the present contempt petition is dismissed. MANMOHAN, J SEPTEMBER 16, 2016/sv