High Court of DelhiCONT.CAS(C)/720/2015

Rohitash Meena v. Rajiv Mehrishi & ORS

2016-01-08Hon'Ble Mr. Justice Manmohan2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 720/2015 ROHITASH MEENA ..... Petitioner Through: Mr. Ankur Chhibber, Advocate.

versus RAJIV MEHRISHI & ORS ..... Respondents Through: Mr. Arun Bhardwaj, Advocate with Mr. S.S. Sejwal, Law Officer, CRPF.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 18.04.2017 CM Appls. 14570/2017, 14571/2017, 14572/2017 in Cont.Cas(C) 720/2015 While CM Appl. No. 14570/2017 has been filed by the respondents for recall and modification of the order dated 28th March, 2017 issuing notice and directing personal presence of DIG (Admn.) in the Office of IGP, Northern Sector, CRPF, CM Appl. No. 14572/2017 has been filed by the petitioner for withdrawal of CM Appl. No. 12234/2017 which had been filed for review/restoration of contempt petition that had been disposed of in view of the compliance affidavit filed by the respondents. It is the respondents' allegation that petitioner misled this Court in CM Appl. No. 12234/2017 by stating that he had not received any amount mentioned in compliance affidavit filed by the respondents in the present

contempt petition. Respondents have also filed CM Appl. No. 14571/2017 to place on record a copy of the petitioner's pay slip for the month of September, 2015 by which money had been deposited in petitioner's account through ECS on 01st October, 2015 in compliance with the Division Bench order dated 14th October, 2014.

Learned counsel for the petitioner states that while filing CM Appl. No.12334/2017, petitioner had not checked his bank account as he was posted in the remote area.

This Court is of the view that even if the averments in the petitioner's application are accepted then also it would show that the petitioner had been 'reckless' in filing CM Appl. No. 12234/2017 for restoration/review of the order dated 08th January, 2016 by which the present contempt petition had been disposed of.

Consequently, CM Appl. No.14572/2017 for withdrawal of CM Appl. No. 12234/2017 is allowed and the order dated 28th March, 2017 is recalled subject to payment of Rs.5,000/- as cost by the petitioner to the respondents. Accordingly, all other pending applications are disposed of as infructuous.

The next date of hearing is cancelled.

MANMOHAN, J APRIL 18, 2017 js