Dismissed

Dtwelve Spaces Private Limited and Anr. v. Ms R Ganapathy Janaki & Ors.

Delhi HC14 Aug 2024CONT.CAS(C)/620/2022

Case brief

AI extract

What is this about?

The Delhi High Court disposed of a contempt petition filed for the breach of an undertaking regarding payment of Rs. 80 lacs. The Court held that since the parties entered into a fresh MoU settling the claim for Rs. 50 lacs, the cause of action arises for civil proceedings, and the contempt petition cannot be continued.

What did the court decide?

Contempt petition disposed of; liberty granted to the petitioner to file appropriate civil proceedings against the respondents.

Dtwelve Spaces Private Limited and Anr. Vs Ms R Ganapathy Janaki… — Arbitration | Delhi HC (2024)

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$~37

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CONT.CAS(C) 620/2022 and CM APPL. 61506/2023

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DTWELVE SPACES PRIVATE LIMITED AND ANR

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.....Petitioners

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Through: Mr. Karan Sinha, Adv.

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versus

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MS R GANAPATHY JANAKI & ORS. .....Respondents Through: None.

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CORAM:

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HON'BLE MR. JUSTICE DHARMESH SHARMA O R D E R % 14.08.2024

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This hearing is being conducted through hybrid mode.

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The petitioners are seeking initiation of contempt proceedings against the respondents for the willful breach of the undertaking submitted by the counsel for the respondents, which was record in the order dated 06.09.2021 in O.M.P.(I)(COMM) 205/2021, under Section 9 of the Arbitration and Conciliation Act.

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None appeared on behalf of the respondents, when the matter was called.

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Evidently, the parties resolved their differences by way of the MoU dated 29.10.2021, which was accorded approval by the Court. The only issue was in regard to the re-payment/refund of the amount of Rs. 80 lacs to be paid by the respondents by way of installments as reflected in paragraph (03) of the order dated 06.09.2021.

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The shorn of unnecessary details, the said undertaking given by the counsel was not complied with by the respondents. It appears that during the pendency of the present proceedings, a fresh MoU had been

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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 20/08/2024 at 12:48:50

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arrived at between the parties, whereby the respondents agreed to make the total payment of Rs. 50 lacs towards full and final satisfaction of the claim of the petitioner.

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In view of the fact that the parties have entered into a fresh MoU dated 15.03.2024, this afford afresh cause of action to the petitioner to seek appropriate remedies in law including filing of civil suit and commercial side or otherwise. The present contempt proceedings cannot be continued any further.

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It is well settled that the jurisdiction under Section 11 and 12 of the Contempt of Courts, 1971 has to be exercised sparingly and in exceptional matters when there is unconscionable conduct on the part of the contemnor.

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Hence, the present contempt petition is disposed of with liberty to the petitioner to file appropriate civil proceedings against the respondents in accordance with law.

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DHARMESH SHARMA, J.

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AUGUST 14, 2024 sp

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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 20/08/2024 at 12:48:50

Dtwelve Spaces Private Limited and Anr. v. Ms R Ganapathy Janaki & Ors.

Case brief

What is this about?

What did the court decide?

Dtwelve Spaces Private Limited and Anr. v. Ms R Ganapathy Janaki & Ors.

Case brief

What is this about?

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