Sharanjit Singh & ANR v. Harmeet Singh

#27 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 186/2017 & CM APPL. 8538-8539/2017 SHARANJIT SINGH & ANR ..... Petitioners Through Mr. S.C. Chaturvedi with Mr. Bipin Kumar Jha, Advocates versus HARMEET SINGH ..... Respondent Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 02.03.2017 Present contempt petition has been filed alleging wilful disobedience of the order dated 3rd December, 2014, passed by a Coordinate Bench of this Court in C.M.(M) No. 84/2014, whereby the petition preferred by the respondent was dismissed with costs of rupees one lakh to be paid to the petitioners and it was further clarified that payment of said costs will be a precondition for the respondent to continue with the then pending suit and/or for filing a fresh suit or legal proceeding.

Learned counsel for the petitioners states that despite the aforesaid order, the pending suit is being pursued by the respondent and he has even filed a fresh suit/legal proceedings against the petitioners without depositing the cost of rupees one lakh.

However, this Court is of the opinion that non-deposit of cost of rupees one lakh does not amount to contempt. In the event, the cost of rupees one lakh is not deposited, the petitioner is at liberty to file an application in the pending suit seeking its dismissal. At this stage, learned counsel for the petitioner states that he would file such an application before the trial court. With the aforesaid liberty, present contempt petition and application stand disposed of.

MANMOHAN, J MARCH 02, 2017 rn