Disposed

Dr Ashu Agarwal v. Perfect Wellness Pvt. Ltd. & Ors.

Delhi HC10 Apr 2024CONT.CAS(C)/607/2024

Case brief

AI extract

What is this about?

A contempt petition alleged willful disobedience of directions to complete a trial expeditiously and to appear physically before the trial court. Respondents' counsel undertook to ensure physical presence at the next hearing; the undertaking was recorded, respondents held bound by it, and the petition was disposed of.

What did the court decide?

Petition disposed of with liberty to revive if grievance survives; respondents bound by undertaking to appear physically before trial court.

Dr Ashu Agarwal Vs Perfect Wellness Pvt. Ltd. & Ors. — Contempt of Court | Delhi HC (2024)

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$~103

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CONT.CAS(C) 607/2024 & CM APPL. 21478/2024

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DR ASHU AGARWAL ..... Petitioner Through: Mr. Vansh Gandotra, Mr. Naman Sabharwal, Mr. Kartik Gandotra, Advocates (M:9810821771)

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versus

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PERFECT WELLNESS PVT LTD & ORS. ..... Respondents Through: Mr. Saket Gogia, Ms. Sheetal Maggon, Advocates (M:9739046560)

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 10.04.2024

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CM APPL. 21478/2024 (For Exemption)

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Exemption allowed, subject to just exceptions.

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Application is disposed of.

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CONT.CAS(C) 607/2024

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The present petition has been filed alleging willful disobedience of the order dated 13th September, 2023 passed by this Court in CRL. M.C. 6580/2023 and order dated 03^rd January, 2024 passed by the learned Trial Court in CT Case No. 2997/2020 .

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Learned counsel for petitioner has drawn the attention of this Court to th the order dated 13 September, 2023 passed by this Court in CRL. M.C. 6580/2023 , wherein, the following directions have been issued:

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“xxx xxx xxx

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7. Counsel for the respondent states that he has no objection if the complaint is disposed of in an expeditious manner.

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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 16/04/2024 at 11:58:43

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8. Taking into account that the complaint has been pending for a period of eight years, the learned Metropolitan Magistrate is directed to decide the present case within a period of four months from today. xxx xxx xxx”

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By referring to the aforesaid order, it is submitted that the trial had to be completed within a period of four weeks, i.e., by 13^th January, 2024. 6. Learned counsel for petitioner also draws the attention of this Court to rd the order dated 03 January, 2024 issued by the learned Trial Court in CT Case No. 2997/2020, wherein it was specifically directed that the respondents shall appear physically before the court on the next date of hearing.

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Learned counsel for petitioner submits that despite various orders passed by the learned Trial Court, respondent no.2 has not been appearing physically. Thus, he submits that on account of the same pronouncement of sentence has not taken place as yet.

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Issue notice. Notice is accepted by learned counsel for respondents. 9. She submits that judgment has already been pronounced by the Trial Court on 31^st January, 2024 and arguments on sentence of the respondents were concluded on 26^th February, 2024. She further submits that the matter is next listed before the learned Trial Court on 15^th April, 2024. She undertakes that the respondents shall be present physically before the learned Trial Court on the next date of hearing, i.e., 15^th April, 2024.

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The aforesaid undertaking given by learned counsel for respondents is taken on record. The respondents are held bound by the aforesaid undertaking. It is further directed that in case the order on sentence is not pronounced on the next date of hearing, the respondents shall appear before the learned Trial Court on any subsequent dates that may be fixed by learned

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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 16/04/2024 at 11:58:43

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Trial Court, unless specifically exempted by the learned Trial Court.

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Accordingly, no further orders are required to be passed in the present petition for the time being.

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In view of the aforesaid, the present petition is disposed of.

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However, liberty is granted to the petitioner to revive the present petition, in case any grievance still survives.

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MINI PUSHKARNA, J

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APRIL 10, 2024 au

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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 16/04/2024 at 11:58:43

Dr Ashu Agarwal v. Perfect Wellness Pvt. Ltd. & Ors.

Case brief

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Dr Ashu Agarwal v. Perfect Wellness Pvt. Ltd. & Ors.

Case brief

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