Disposed

Sudhir Kumar Seth Bagga v. State of U.P. and 3 Others

Allahabad HC1 Feb 2023A482/41126/2022

Case brief

AI extract

What is this about?

This court disposed of an application under Section 125(3) CrPC by directing the applicant to furnish security, deposit arrears in installments, and continue monthly maintenance payments, allowing a future application for exact recovery determination.

What did the court decide?

Direction to furnish security of Rs. 2,72,000, deposit Rs. 72,000 immediately, and pay Rs. 2,00,000 in four installments.

Sudhir Kumar Seth Bagga Vs State of U.P. and 3… — Maintenance and Alimony | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 41126 of 2022

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Applicant :- Sudhir Kumar Seth Bagga Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Archana Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Shri Arvind Kumar Srivastava, holding brief of Mrs. Archana Srivastava, learned counsel for the applicant and learned AGA for the State.

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Challenge has been raised to the order dated 22.09.2022 passed by the Additional Principal Judge, Family Court, Court No. 1, District - Ghaziabad in Execution Case No. 274 of 2013 (Smt. Ruchi Seth Bagga Vs. Sudhir Kumar Seth Bagga), under Section 125(3) Cr.P.C.

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While certain submissions were advanced by the learned counsel for the applicant to resist the recovery proceedings and to point at illegalities in the impugned order, at the same time, it has been fairly stated if the learned court below were to grant adjustment of the amount of maintenance deposited by the applicant for 41 months and further grants sometimes to clear the balance default for about 68 months, the applicant would abide by the same.

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In view of such statement made, the application is disposed of with the following directions:-

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(i) The applicant shall furnish security of Rs. 2,72000/- on or before 28 February 2023 in shape other than cash or bank guarantee to the satisfaction of the learned court below, which may be discharged on payment of all arrears.

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(ii) The applicant shall also continue to pay the monthly maintenance as awarded on month to month basis beginning from February 2023.

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(iii) The applicant shall deposit a sum of Rs. 72,000/- on or before 28 February 2023

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(iv) The applicant shall deposit a sum of Rs. 2,00,000/- being balance amount of arrears payable to the opposite party no. 2 in four quarterly installments of Rs. 50,000/- each, such installments being payable on or before 31.07.2023,

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30.09.2023, 31.12.2023 and 31.03.2024 respectively.

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Subject to security being furnished and deposit of Rs. 72,000/- by way of first installment, the applicant may further file an application before the learned court below for determination of the exact amount recoverable from the applicant considering the plea of deposit made for 41 out of 108 months of default claimed by opposite party no. 2.

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Any amount found payable over and above the amount of Rs. 2,72,000/- as indicated above, the applicant, may the same by way of last fifth installment on or before 31 July 2024.

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However, it is made clear that in the event of failure on part of the applicant to comply with any part of the order, coercive measures be revived from that stage without any further reference to this Court. Security to be furnished may be discharged upon full compliance of this order

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Accordingly, the present application is disposed of.

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Order Date :- 1.2.2023 Ashutosh

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Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

Sudhir Kumar Seth Bagga v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sudhir Kumar Seth Bagga v. State of U.P. and 3 Others

Case brief

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