Allowed

Payal Jain v. Mamta Nagpal

Delhi HC22 Aug 2024CM(M)/3198/2024

Case brief

AI extract

What is this about?

The petitioner, an advocate facing a Bar Council verification deadline, filed a writ petition challenging a trial court order that delayed consideration of a contempt application. The High Court directed the trial court to hear the application urgently by August 31, 2024, to ensure the petitioner could submit her declaration in time.

What did the court decide?

Directed the trial court to hear the application on 31.08.2024 and dispose of it expeditiously before the Bar Council deadline.

Payal Jain Vs Mamta Nagpal — Contempt of Court | Delhi HC (2024)

¶1

$~80

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Date of decision^: 22^nd August, 2024

¶4

- CM(M) 3198/2024 & CM APPL. 47988/2024 PAYAL JAIN .....Petitioner

¶5

Through: Present in person.

¶6

versus MAMTA NAGPAL .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

¶7

The present petition has been filed under Article 227 by Ms. Payal Jain, Advocate.

¶8

She is representing the landlady in one Eviction Petition filed on the ground of subletting in terms of Section 14(1) (b) of Delhi Rent Control Act.

¶9

During course of the proceedings of the above said trial, applications were moved from the side of the tenant seeking initiation of contempt. These were filed under Section 12 of Contempt of Courts Act as well as under Section 340 Cr.P.C requesting initiation of contempt proceedings not only against the landlady but also against their counsel, Ms. Payal Jain.

¶10

It is also important to mention that such applications were though taken up by the learned Court of Additional Rent Controller on 03.09.2022 but it was decided by the learned Controller that these would be considered after

¶11

CM(M) 3198/2024 1

¶12

Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 3.08.2024 18:45:08

¶13

recording of the entire evidence.

¶14

In the meanwhile, the Bar Council of Delhi has issued public notice whereby all the Advocates enrolled with Bar Council of Delhi have been asked to submit the details for the purposes of verification/declaration. The last date for such rectification is 30.09.2024.

¶15

Since, the above said application seeking Contempt was under contemplation, Ms. Payal Jain, learned Advocate moved an application under Section 151 CPC seeking modification of order dated 03.09.2022 with the request that such application seeking Contempt may be taken up and considered as expeditiously as possible, at least before the above said deadline given by Bar Council of Delhi.

¶16

Petitioner is aggrieved by order dated 09.08.2024 whereby such application has, rather, been kept for hearing by the learned Trial Court on 14.10.2024.

¶17

According to petitioner, the entire purpose of moving the aforesaid application stands frustrated because by that time, the deadline would be over. It is, therefore, prayed in the present petition that the learned Trial Court may be requested to take up the above said application well in advance so that the petitioner is in a position to submit her verification before the due date.

¶18

Keeping in mind the above said peculiar facts, the present petition is disposed of with the direction to the petitioner herein i.e. non applicant- Ms. Payal Jain to appear before the learned Trial Court on 31.08.2024. Learned Trial Court, in view of the urgency cited as above, would hear the above

¶19

Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 3.08.2024 18:45:08

¶20

CM(M) 3198/2024 2

¶21

application and would make best endeavor to dispose of the same in accordance with law as expeditiously as possible, preferably, well before the above said deadline.

¶22

Petition stands disposed of with the aforesaid directions.

¶23

Order dasti under the signatures of Court Master.

¶24

(MANOJ JAIN) JUDGE

¶25

AUGUST 22, 2024/ sw

¶26

Signature Not Verified

¶27

CM(M) 3198/2024 3

¶28

Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 3.08.2024 18:45:08

Payal Jain v. Mamta Nagpal

Case brief

What is this about?

What did the court decide?

Payal Jain v. Mamta Nagpal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kavita Vs M/S D L Nagpal Finance and Leasing Co. Pvt. Ltd. & Ors.

Davender Kuma Dunga & Ors. Vs Nand Gopal Jethi & Ors.

M/S. Akn Developers Private Limited Vs M/S. Premsons Southend

Raja Jassal Vs State National Capital Territory of Delhi & Ors.

M/S More Bites N Foods Pvt. Ltd. Vs Ankit Kohli

Rakesh Sachdeva Vs Rajesh Sachdeva

Pradeep Sharma Vs Sunita Mittal

Shweta Madan Vs Geeta Suri & Anr.

Kavita Vs M/S D L Nagpal Finance and Leasing Co. Pvt. Ltd. & Ors.

Davender Kuma Dunga & Ors. Vs Nand Gopal Jethi & Ors.

M/S. Akn Developers Private Limited Vs M/S. Premsons Southend

Uday Medicare P. Ltd. & Ors. Vs Rita Agarwal

Dr Om Prakash Agarwal Vs Oriental Insurance Company Ltd. & Ors.

Dr Om Prakash Agarwal Vs Dr H S Bedi & Ors.