Yashna Kapur v. Vishal Kapur

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 940/2015 YASHNA KAPUR ..... Petitioner Through:

Mr. Gaurav Puri and Mr. Gautam Puri, Advs.

versus VISHAL KAPUR ..... Respondent Through:

Mr. Rajesh Ridla, Adv.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 12.05.2016 1.

After some hearing, the respondent present in Court along with his learned counsel agrees to pay Rs.2,50,000/- towards the petitioner's maintenance in six monthly instalments commencing today i.e. 12th May, 2016 subject to the outcome of the modification applications filed before the learned Trial Court.

2.

With respect to the maintenance, the respondent submits that he shall pay Rs.75,000/- towards maintenance upto August 2016 after the clearance of the six cheques totalling Rs.2,50,000/- subject to the outcome of the modification applications filed before the learned Trial Court 3.

The respondent has handed over 8 post-dated cheques totalling Rs.3,25,000/- to the petitioner subject to outcome of the modification applications filed before the learned Trial Court. The particulars of the said cheques are as under:

Cheque No.

Date Amount 000271 22.05.2016 Rs.40,000/- 000272 22.06.2016 Rs.40,000/- 000273 22.07.2016 Rs.40,000/-

000274 22.08.2016 Rs.40,000/- 000275 22.09.2016 Rs.40,000/- 000276 22.10.2016 Rs.50,000/- 000277 22.11.2016 Rs.40,000/- 000278 22.12.2016 Rs.35,000/- 4.

The respondent present in court undertakes that all the aforesaid cheques shall be honoured on their first presentation. The undertaking of the respondent is hereby accepted.

5.

The learned counsel for the petitioner submits that the petitioner has accepted these cheques without prejudice and subject to outcome of the pending applications. It is further submitted that the petitioner has also filed applications before the Trial Court.

6.

Learned counsels for the parties submit that various applications filed by them are pending before the learned Trial Court which are listed for hearing on 20th July, 2016. It is submitted that both the parties shall file brief note of submissions not exceeding five pages along with copies of the relevant documents/judgments on which they wish to rely with relevant portions duly highlighted for the convenience of Court before the learned Trial Court. Learned counsels for the parties further submit that they shall not seek any adjournment on 20th July, 2016 and shall make oral submissions on the pending applications and the learned Trial Court be directed to dispose of all the pending applications within a period of 45 days from 20th July, 2016.

7.

Learned Trial Court shall expedite hearing and endeavour to decide the pending applications filed by the parties within a period of 45 days from 20th July, 2016.

8.

The contempt petition is disposed of in the above terms with liberty to the petitioner to revive the same if the occasion so arises. Both the parties shall remain bound by the statements made before this Court today. 9.

The parties shall sign this order before leaving the Court.

10.

Copy of this order be given dasti to counsels for the parties under the signature of the Court Master.

J.R. MIDHA, J.

MAY 12, 2016 ak/dk