Vinod Goel v. National Highways Authority Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ VINOD GOEL ..... Appellant Through:

Mr. Ravikesh K. Sinha, Adv. along with appellant in person.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent Through:

Mr. Gunjan Sinha Jain, Adv.

CORAM:

MR. P. C. JAIN, REGISTRAR

O R D E R

% Counsel for the appellant/contemnor states that the surety along with his Surety Bond is awaited. He requests that the matter be taken up at 02.15 pm.

Let the matter be taken up today at 02.15 pm. At 02.15 pm.

Present:

Mr. Ravikesh K. Sinha, Advocate for the appellant/contemnor along with appellant/contemnor and his surety, Mr. Puneet Bansal in person.

None for respondent.

Vide order dated 18.01.2016, the Hon'ble Court has directed the appellant/contemnor to undergo simple imprisonment for one month. The

Hon'ble Court has further directed the appellant to surrender to the sentence on or before 07.02.2016, subject to furnishing of bond for the interim period in the sum of Rs. 10,000/- and also furnishing appropriate surety of one person for the like amount to the satisfaction of the Registrar (Appellate) and this the matter is listed before Registrar (Appellate) for this purpose today.

The appellant/contemnor is present in person along with his counsel and surety. The appellant and his surety have been identified by the counsel for the appellant. The Personal Bond and Surety Bond in the sum of Rs. 10,000/- each have been furnished by the appellant and are placed on record. The statements of the surety and appellant/contemnor have been recorded separately. They shall remain bound by their statements. Mr. Puneet Bansal, S/o Late Sh. R. K. Bansal, R/o B-704, Printers Apartment, Sector-13, Rohini, New Delhi-110085 has stood surety for the appellant/contemnor, namely Mr. Vinod Goel. In proof of identification the surety has placed on record self attested photocopy of Voter Identity Card 'Mark-C' bearing No. KSP2324473 issued by the Election Commission of India, Badli, Assembly Constituency (original seen and returned).

The surety is a business man. He has placed on record an FDR bearing CIF ID 531511093, Account No. 048813003727, dated 22.01.2016 issued by ICICI Bank, Sector-9, Rohini Branch, Delhi for a period of 90 months for a sum of Rs. 10,000/- along with his affidavit (original seen and returned after endorsement). Copy of the same is retained on record and the same is 'Mark-D'.

The surety has undertaken that the appellant/contemnor shall surrender to the sentence on or before 07.02.2016. In any case the appellant

commits default, he binds himself to forefeit to the government the sum of Rs. 10,000/-.

The Personal Bond as well as Surety Bond furnished on behalf of the appellant/contemnor are in order and are hereby accepted. Let an intimation be sent to the Manager, ICICI Bank, Sector-9, Rohini Branch, Delhi intimating him about the factum of the abovesaid FDR having been tendered by the surety, Mr. Puneet Bansal, as security in this case and that the said FDR shall not be encashed or kept as security elsewhere till further orders of this Court.

In terms of orders of Hon'ble Court dated 18.01.2016, the appellant/contemnor is to surrender to sentence on or before 07.02.2016. Therefore, the appellant/contemnor is directed to surrender before the concerned Chief Metropolitan Magistrate, Rohini Courts for the purpose. The registry is directed to send a copy of order of Hon'ble Court dated 18.01.2016 and a copy of this order to the concerned Chief Metropolitan Magistrate, Rohini, Delhi.

In terms of orders of Hon'ble Court dated 18.01.2016, the appellant/contemnor is also to pay fine of Rs. 2,000/-. He will deposit the same before the concerned Chief Metropolitan Magistrate. List the matter on 08.02.2016 for reporting the compliance of the order of the Hon'ble Court.

copy of this order may be given dasti to counsel for appellant/contemnor.

JANUARY 22, 2016/cl

Item No. 7 Statement of Sh. Puneet Bansal, S/o Late Sh. R. K. Bansal, R/o B-704, Printers Apartment, Sector-13, Rohini, New Delhi-110085, aged about 42 years.

On SA.

I have furnished the Surety Bond in the sum of Rs. 10,000/-. The Surety Bond 'Mark-A' bears my signatures at points 'X-1', 'X-2' and 'X-3'. The Surety Bond is supported by my affidavit. I shall be bound by my statement and terms and conditions as stipulated in the Surety Bond. I am a business man. The appellant/contemnor is my brother-in-law. My income is about Rs. 50,000/- per month.

I have furnished an FDR in the sum of Rs. 10,000/- issued by ICICI Bank, Sector-9, Rohini Branch, New Delhi, bearing CIF ID 531511093, Account No. 048813003727 dated 22.01.2016 for 90 months towards the surety of Mr. Vinod Goel, appellant/contemnor.

I will ensure that Mr.

Vinod Goel, appellant/contemnor shall abide by the orders of Hon'ble Court, dated 18.01.2016 and surrender to the sentence on or before 07.02.2016. In case he commits default, my Surety Bond 'Mark-A' shall be forfeited with all legal consequences that may follow.

I undertake that the abovesaid FDR shall be kept alive and will not be kept as security in any other case till further orders of the Court. RO & AC P. C. JAIN

Item No. 7 Statement of Sh. Vinod Goel, S/o Late Sh. S. R. Goel, R/o C-20, M.P. Enclave, Pitampura, New Delhi, aged about 49 years.

On SA.

I am the appellant/contemnor in this matter.

In terms of orders of Hon'ble Court dated 18.01.2016, I have filed my Personal Bond in the sum of Rs. 10,000/- with one surety of Mr. Puneet Bansal, S/o Late Sh. R. K. Bansal, in the sum of Rs. 10,000/-. I undertake to surrender to the sentence on or before 07.02.2016 before the concerned Chief Metropolitan Magistrate, Rohini Court, Delhi and in case of default, I shall be liable for legal consequences.

The Personal Bond is 'Mark-B' and my signatures are at points 'Y-1', 'Y2' and 'Y-3'. RO & AC P. C. JAIN