Disposed

Shashank Chaudhary v. Priyanka Tewatia

Delhi HC27 May 2024CONT.CAS(C)/129/2024

Case brief

AI extract

What is this about?

The Court disposed of two contempt petitions and three writ petitions filed in relation to a matrimonial dispute settlement. The Court directed the release of the final settlement tranche of Rs. 2,27,00,000/- to Ms. Priyanka Tewatia and ordered the closure of the bank locker containing jewellery.

What did the court decide?

Disposed of contempt petitions and writ petitions; directed release of Rs. 2,27,00,000/- to the wife and closure of the bank locker.

Shashank Chaudhary Vs Priyanka Tewatia — Civil Procedure and Limitation | Delhi HC (2024)

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$~59, 68 & 69

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CONT.CAS(C) 750/2024 PRIYANKA TEW ATIA

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..... Petitioner Through: Mr. Rakesh Lakra and Ms. Shivani Kher, Advocates.

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versus

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SHASHANK CHAUDHARY

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..... Respondent

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Through: Mr. Punit Vinay, Mr. Abhijit Singh and Mr. Vaibhav Tiwari, Advs.

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- CONT.CAS(C) 129/2024 & CM APPL. 29870/2024 SHASHANK CHAUDHARY

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..... Petitioner

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Through: Mr. Punit Vinay, Mr. Abhijit Singh and Mr. Vaibhav Tiwari, Advs.

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versus

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PRIYANKA TEWATIA

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..... Respondent

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Through: Mr. Rakesh Lakra and Ms. Shivani Kher, Advocates.

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- W.P.(C) 8735/2021 & CM APPLs. 27216/2021, 5162/2024

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SHASHANK CHAUDHARY & ORS.

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..... Petitioner

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Through: Mr. Punit Vinay, Mr. Abhijit Singh and Mr. Vaibhav Tiwari, Advs.

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versus

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UNION OF INDIA, MINISTRY OF HOME AFFAIRS & ORS.

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..... Respondent

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Page 1 of 5

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CONT.CAS(C) 750/2024 etc.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 10:46:03

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Through: Mr. Ajay Digpaul, CGSC with Mr. Kamal Digpual, Ms. Akanksha Singh and Mr. Pushpesh Digpaul, Advs for UoI.

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Mr. Rakesh Lakra and Ms. Shivani Kher, Advocates.

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Mr. Satyakam, ASC with Mr. Pradyut Kashyap, Advocate.

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R % 27.05.2024

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This Court on 15.03.2024 had passed the following Order:

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“1. To put quietus to the entire issue, the Parties have once again entered into a settlement. As per the fresh proposal which has been accepted by both the parties, an amount of Rs.4,52,00,000/- crores will be deposited by Mr. Shashank Chaudhary with the Registrar General of this Court on 03.04.2024. On the same day, Ms. Priyanka Tewatia shall give an undertaking for transfer of Rs.7,00,000/- lying in her USA bank account to Mr. Shashank Chaudhary. On 03.04.2024 itself, Mr. Shashank Chaudhary shall deposit all the jewellery as mentioned in the Settlement Agreement dated 12.01.2023 with the Registrar General of this Court. Ms. Priyanka Tewatia shall be present before the Registrar General to identify the jewellery that all the jewellery mentioned in the Settlement Agreement dated 12.01.2023 has been given to her.

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2. After the aforesaid exercise is over, it is agreed that that between 03.04.2024 and 11.04.2024, steps will be taken by Ms. Priyanka Tewatia to withdraw the pending Domestic Violence case and the application under Section 156(3) which is pending before the Rohini Court. It is also agreed that Ms. Priyanka

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Page 2 of 5

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CONT.CAS(C) 750/2024 etc.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 10:46:03

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Tewatia will give her No-Objection for cancellation of the LOC, Non-Bailable Warrats issue by Rohini Court, Extradition Proceedings initiated by DCP (North West) and also for bringing down the Red Corner Notice, if any, by the CBI. It is also agreed that on or before 11.04.2024, the signatures on the second motion would be given by both sides. It is also agreed that Ms. Priyanka Tewatia shall also sign the US tip and hand over the same to her US Attorney.

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3. It is also agreed that on or before 19.04.2024, steps will be taken by both sides to get the second motion listed before the Rohini Court. On the date when the second motion is being signed, Mr. Shashank Chaudhary has agreed to handover the personal belongings of Ms. Priyanka Tewatia as per the Settlement Agreement dated 12.01.2023 to her in the Court itself.

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4. Between 19.04.2024 and 10.05.2024, Ms. Priyanka Tewatia undertakes to appear in the divorce matter before the US Court through video conferencing and give her no objection for disposal of the case in terms of the Settlement Agreement which has already been entered into between the parties on 12.01.2023. It is also agreed by Ms. Priyanka Tewatia that after the second motion is listed, the Counsel for Ms. Priyanka Tewatia and Ms. Priyanka Tewatia will sign the quashing petition which will be filed in the Court. It is also agreed that the amount of Rs.2,25,00,000/- from the amount of Rs. 4,52,00,000/- which has been deposited in Court on the 03.04.2024 will be released in favour of Ms. Priyanka Tewatia in terms of the Settlement Agreement dated 12.01.2023. It is further agreed that before 10.05.2024, the parties will make all endeavours to get the FIRs filed against the Petitioner quashed. The contempt petition shall be withdrawn by the Petitioner on or before 10.05.2024.

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Page 3 of 5

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CONT.CAS(C) 750/2024 etc.

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The remaining amount of Rs.2,27,00,000/- will be released in favour of Ms. Priyanka Tewatia after both the parties comply with their obligations under the proposal and the Settlement Agreement dated 12.01.2023.

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5. List on 15.05.2024 for compliance.”

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This Court vide Order dated 23.04.2024 modified the Order dated 15.03.2024 which reads as under:

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“CM APPL. 23178/2024

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1. This application has been filed on behalf of Respondent No.3 seeking modification in the Order dated 15.03.2024.

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2. Vide the Order dated 15.03.2024, the Petitioner No.1 was to deposit all the jewellery as mentioned in the Settlement Agreement dated 12.01.2023 with the Registrar General of this Court and the Respondent No.3 was supposed to identify all the jewellery as mentioned in the Settlement Agreement dated 12.01.2023. It is stated that the same has been done by the parties.

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3. It is stated that all the jewellery has now been kept in a locker which has been opened in the name of Registrar General of this Court.

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4. It is stated by the learned Counsel for the Petitioners that it has been omitted to mention in the Order dated 15.03.2024 that at the time of signing the second motion, the jewellery would be released in favour of Respondent No.3 by the Registrar General of this Court.

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5. Learned Counsel appearing for the Petitioners

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Page 4 of 5

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CONT.CAS(C) 750/2024 etc.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 10:46:03

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states that the Petitioners have no objection to the Order dated 15.03.2024 being modified.

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6. In view of the statement made by the learned Counsel for the Petitioners, the Order dated 15.03.2024 is modified to the extent that immediately after the second motion is signed, all the jewellery kept in the locker shall be released in favour of Respondent No.3 by the Registrar General of this Court.

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7. As far as prayer (b) of the application is concerned, the learned Counsel for the Petitioners states that she will take steps to resolve the issue.

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8. With these observations, the application is disposed of.”

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It is stated by the learned Counsel for the Parties that the entire transactions has gone through and only the last tranche of Rs.2,27,00,000/has to be released in favour of Ms. Priyanka Tewatia.

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In view of the above, the two contempt petitions and the writ petition are disposed of with a direction to release the last tranche of Rs.2,27,00,000/- in favour of Ms. Priyanka Tewatia. The Bank Locker. which was opened to keep the jewellery, be closed since the jewellery has been released to Ms. Priyanka Tewatia.

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Pending applications, if any, also stand disposed of.

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SUBRAMONIUM PRASAD, J

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MAY 27, 2024 S. Zakir

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Page 5 of 5

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CONT.CAS(C) 750/2024 etc.

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Shashank Chaudhary v. Priyanka Tewatia

Case brief

What is this about?

What did the court decide?

Shashank Chaudhary v. Priyanka Tewatia

Case brief

What is this about?

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