Single order case closing contempt proceedings against respondents where explanation of inadvertent non-compliance was accepted, refusing to proceed due to absence of wilful disobedience. Adjacent order withdrawing criminal application.
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$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
versus
RAJ RANI & ANR. .....Respondents Through: Ms. Payal Jain, Advocate.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 11.11.2024
“ CM APPL No.23213/2019
Today we are left with no time, as there is part heard matter in post lunch session.
List on 19.02.2020 and in the meanwhile, list of tenants in the premises as inducted by the respondents with details of rentals be filed within four weeks with an advance copy thereof to the learned counsel for appellant. ”
Court recorded as follows:
“ CONT.CAS(C) 1399/2024
3. Learned counsel appearing for the respondent on advance notice submits that the list of tenants in terms of order dated 09.12.2019 has already been supplied to the leaned counsel for the petitioner before the District Judge, where the matter was earlier pending thereat. Anyhow, a fresh list be provided today itself to the petitioner.
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CONT.CAS(C) 1399/2024
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 13/11/2024 at 12:10:32
4. Subject to the orders of the Hon'ble the Acting Chief Justice, let the present matter be placed for consideration before the concerned Court along with RFA No.659/2018 on 19.09.2024. ”
contempt petition in which it is inter alia stated as follows:
“4. Para No. 8 to 9, the contents are incorrect. It is submitted that the answering Respondent failed to comply with the direction of this Hon’ble Court inadvertently, as the captioned matter was listed with another RFA No. 697/2018 and generally similar order is passed in both RFAs, whereas in the order dated 09.12.2019 in RFA No. 697/2018, no such direction was recorded. Hence, inadvertently, the answering Respondent forgot to comply with directions given vide Order dated 09.12.2019 in the captioned RFA. Hence, the same was neither intentional nor willful. It is pertinent to mention that the answering Respondent also provided a fresh list of tenants with the amount of rent to the Petitioner through her counsel vide Email dated 04.09.2024 and the same was filed in RFA No. 659/2018 vide Dairy No. 3551563/2024. The Copy of order dated 09.12.2019 in RFA No. 697/2018 and the Copy of the Email dated 04.09.2024 sent by the counsel to the Petitioner herein are annexed herewith as ANNEXURE-D and ANNEXURE-E . ”
counsel for the contempt petitioners.
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CONT.CAS(C) 1399/2024
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 13/11/2024 at 12:10:32
aspect is concerned, the parties can make their respective submissions in the appeal. This aspect also does not disclose any wilful or deliberate violation of any express direction contained in the order dated 09.12.2019.
CM APPL. 55202/2024 ( Application on behalf of petitioner against respondent for making false )
PRATEEK JALAN, J
NOVEMBER 11, 2024/ MR/
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CONT.CAS(C) 1399/2024
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 13/11/2024 at 12:10:32
Mamta Nagpal
Raj Rani
Prateek Jalan
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
