Petition in contempt proceedings dismissed as possession handed over; conditional apology no longer necessary.
Petition and application disposed; no apology directed as possession already handed over.
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PHOENIX ARC PRIVATE LIMITED ..... Petitioner Through: Mr. Anil Sapra, Senior Advocate with Mr. Suresh Dobal & Ms. Sonakshi, Advocates
Versus
RAJ DULARI & ORS. ..... Respondents Through: Mr. Biswajeet Kumar Patra, Advocate for respondent No.3
Mr. Sheetesh Khanna, Advocate for respondent No.5
CORAM: HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R % 06.12.2018
It is stated that in view of settlement arrived at between the parties in CONT.CAS(C) 485/2016, the possession of subject premises has been handed over to Phonix Arc Private Limited. In view thereof, this Court is not inclined to proceed further with this petition.
At this stage, learned Senior Counsel for respondents submits that contemnors Jasbir Dabas and Raj Dulari & Ors. ought to tender unconditional apology for willfully avoiding to abide by the undertaking given by them.
It is true that process of handing over of possession of the subject premises has been delayed and the contemnors have tried their best to
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prolong the proceedings, but since possession of the subject premises has now been handed over to Phonix Arc Private Limited, therefore, no purpose would be served by adversely commenting upon the conduct of contemnors or calling upon the contemnors to tender unconditional apology.
With aforesaid observations, this petition and application are disposed of.
(SUNIL GAUR) JUDGE
DECEMBER 06, 2018 r
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Phoenix Arc Private Limited
Raj Dulari & Ors.
Sunil Gaur
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
