Nitish Kumar & Anr. v. Babita
Case brief
What is this about?
Appellants breached an undertaking to honour cheques deposited in court. Court issued show cause notice for contempt, granted time to deposit Rs.1,00,000/-, and directed SHO's presence at next hearing.
What did the court decide?
Contest notice issued; 3 weeks time to deposit Rs.1,00,000/- or face custody.
What the court decided
A compact analysis
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$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- MAC.APP. 189/2018
NITISH KUMAR & ANR. ..... Appellants Through: Mr.Sunil Kumar, Advocate
versus
BABITA ..... Respondent Through: Respondent in person
CORAM: HON'BLE MR. JUSTICE J.R. MIDHA
O R D E R % 30.11.2018
- The appellants deposited 20 cheques for Rs.25,000/- each with this Court in terms of the order dated 20th July, 2018. The appellants also gave an undertaking that all the cheques shall be honoured on their first presentation and the undertaking was accepted by this Court on 20th July, 2018.
- As per the report of the Registry, the first four cheques have dishonoured due to insufficient funds.
- The appellants are present in Court along with their counsel and submit that they do not have the funds to pay in lieu of the four dishonoured cheques. The appellants however give fresh undertaking that the balance 16 cheques shall be honoured on their first presentation. The appellants further submit that they will make payment in respect of the four dishonoured cheques after clearance of the balance 16 cheques.
Issues for consideration
2 issues framed by the court
Whether appellants committed breach of undertaking by failing to honour cheques deposited in court.
Whether to initiate contempt proceedings against appellants for dishonouring court orders.
Parties & counsel
- appellant
NITISH KUMAR
- appellant
ANR
- respondent
BABITA
Coram
Case details
As recorded by the court registry
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