Central Bank Of India v. S C Bhardwaj

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 113/2017 & C.M.No.5068/2017 CENTRAL BANK OF INDIA ..... Petitioner Through Mr.Deepak, Advocate.

versus S C BHARDWAJ ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 08.02.2017 Present contempt petition has been filed alleging wilful disobedience of the order dated 21st September, 2015 passed in W.P.(C) No.4680/2015, wherein the respondent undertook to pay the entire outstanding amount by 31st December, 2015.

Learned counsel for the petitioner states despite the aforesaid undertaking, no amount has been paid till date. However, upon perusal of the order dated 21st September, 2015 this Court finds that the consequence of breach has already been stipulated in the order in question, inasmuch as it directs that in such an event the petitioner-bank shall seek appropriate remedy before the recovery officer.

Consequently, this Court is of the opinion that the petitioner has an alternative effective remedy. Accordingly, present contempt petition is disposed of with liberty to approach the recovery officer. MANMOHAN, J FEBRUARY 08, 2017/KA