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High Court of DelhiMAT.APP.(F.C.)/68/2015

Anu Seth v. Sunil Seth

2016-09-30Hon'Ble Mr. Justice Pradeep Nandrajog,Hon'Ble Ms. Justice Pratibha Rani2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 68/2015 ANU SETH ..... Appellant Through:

Mr. S.K. Srivastava, Advocate along with Mr. Gurjeet Singh, Advocate.

versus SUNIL SETH ..... Respondent Through:

Mr. Sidharth Chopra, Advocate along with Mr.

Pranvir Singh Sethi, Advocate.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 19.07.2017 CM No. 12945/2017 (by appellant for directing the respondent to pay balance remaining amount) 1.

The present application has been filed by the appellant stating inter alia that the respondent has not cleared the arrears of the maintenance as directed vide order dated 14.01.2016.

2.

Notice of this application was issued on 10.04.2017, returnable for today.

3.

Appearance is entered by learned counsel for the respondent who states that without getting into the controversy as to whether any amount is outstanding or payable to the appellant in terms of the order dated 14.01.2016, the respondent has brought a Demand Draft dated 15.07.2017 for a sum of Rs. 22,500/- drawn on UCO Bank, payable to the appellant.

4.

On perusing the aforesaid Demand Draft, learned counsel for the appellant states that the same has been prepared in the name of "Anu Seth" whereas, the appellant has opened an account with Axis Bank Limited, Rohini Branch in the name of "Anu". He states that if the said Demand Draft could be cancelled and fresh one is prepared in the name of "Anu", then the appellant would be in a position to deposit it with Axis Bank. 5.

Learned counsel for the respondent states that instead of getting a fresh demand draft prepared, he shall pay a sum of Rs. 22,500/- in cash to the appellant through counsel for which receipt may be directed to be issued. Ordered accordingly.

6.

The Respondent shall pay a sum of Rs. 22,500/- to the appellant in cash through counsel within three days. A receipt for the said sum shall be issued by the appellant contemporaneously.

7.

The application is disposed of.

HIMA KOHLI, J DEEPA SHARMA, J JULY 19, 2017 ss