Dismissed

Gunjan Banga v. Deepak Banga & Anr.

Delhi HC7 Aug 2019CONT.CAS(C)/538/2019

Case brief

AI extract

What is this about?

The Single Judge of the Delhi High Court dismissed a contempt petition filed by the petitioner, Gunjan Banga, who alleged non-compliance of a Family Court settlement order. The Court held that since the settlement was not violated and the petitioner had a remedy of execution, the petition was not entertained.

What did the court decide?

Contempt petition closed. Liberty granted to seek execution remedy.

Gunjan Banga Vs Deepak Banga & Anr. — Contempt of Court | Delhi HC (2019)

¶1

$~6

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CONT.CAS(C) 538/2019& CM APPL.27666/2019

¶4

GUNJAN BANGA

..... Petitioner

Through:

versus

DEEPAK BANGA& ANR

..... Respondent Through:

¶10

CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO O R D E R % 07.08.2019

¶11

CM APPL.27666/2019 (for exemption).

¶12

Exemption allowed subject to all just exceptions.

¶13

Application is disposed of.

¶14

CONT.CAS(C) 538/2019

¶15

The present petition has been filed by the petitioner for noncompliance of order dated December 6, 2018.The orderreads as under:

¶16

“Ld. counsel for parties submit that both parties have settled their disputes with the help of counselling cell pursuant to which parties have agreed to take divorce by mutual consent. They have prayed that present petition may be disposed off as compromised. Separate statement of petitioner as well respondent has been recorded in this regard. I have heard Ld. counsel for both parties and perused the settlement, Ex. C-1 as

¶17

well as statement recorded in the court. Perusal of the above shows that both parties have agreed to take divorce by mutual consent. The settlement so arrived between the parties appears to be a lawful settlement and I see no legal impediment to accept the same. In view of above facts and circumstances, the present petition filed by the petitioner is disposed of as compromised in terms of settlement, Ex.C-1.”

¶18

From the perusal of the order it is clear that the family court has disposed of the suit in terms of the settlement entered between the parties.

¶19

I have perused the settlement recorded,the family court taken the settlement on record and disposed of the suit. It is not the case of the petitioner that any undertaking given to the court or the order passed by the court has been violated. The petitioner has a remedy of execution of the order passed in the suit, I am not inclined to entertain this contempt petition. Reliance is placed by counsel for the petitioner on the judgement in the case of Shikha Bhatia vs. Gaurav Bhatia &Ors. Cont. CAS (C) 274/2009 decided on May 13, 2010 which is clearly distinguishable inasmuch as, in the said case there was a wilful violation of the orders and undertaking given to the court, which were accepted by the court on October 13, 2017. I am not inclined to entertain the contempt petition. Contempt petition is closed. Liberty is with the petitioner to seek such remedy as available in the law.

¶20

V. KAMESWAR RAO, J

¶21

AUGUST 07, 2019 /k

Gunjan Banga v. Deepak Banga & Anr.

Case brief

What is this about?

What did the court decide?

Gunjan Banga v. Deepak Banga & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Delhi Development Authority Vs Ajay Mittal

Ashok Kumar & Anr. Vs Varsha Joshi Commissioner , North Delhi Municipal Corporation & Anr.

Mohd Sher Nabi Chaman Vs Akash Bhatnagar & Anr.

Asha Jha Vs Parashuram Kumar Jha

Dr Kedar Kumar Mandal Vs Dr I S Bakshi & Ors.

Ajay Pal Singh Vs Rajiv Mehrishi & Ors.

Sandeep Dhauliya Vs Mamta

Ved Prakash Abbot Vs Kishore K Avarsekar and Ors.

Suhas Basu Vs the Reserve Bank of India and Ors.

Sh. Sanjeev Kumar Vs M/S Shriram Transport Finance Company Limited and Anr.

Tara Chand Vs Tata Power Delhi Distribution Ltd.

Arjun Uppal & Anr. Vs Sandeep Jain

Sh. Lalit Kumar Bakshi Vs South Delhi Municipal Corporation and Ors.

N S Assoicates Pvt. Ltd. Vs Prof Archana Shukla ,Director Indian Institute of Mangement Lucknow