Shashi Sabharwal Vs Union of India and Ors. — Contempt of Court | Delhi HC (2025)

Shashi Sabharwal Vs Union of India and Ors. — Contempt of Court | Delhi HC (2025)

What the court decided

AI extract

Outcome

Directions for remittance of the pending amounts: HDFC Bank to remit the amounts at Serial Nos. ii and iv within 10 days (via communication by the IO); Punjab National Bank to transfer its amount within the next week per its counsel's undertaking; petition disposed of with liberty to the petitioner to revive if the amounts are not received.

Issue for consideration

Whether there was wilful disobedience of the order dated 24th February 2025 of the JMFC, Patiala House Courts (FIR No.23/2025, PS Special Cell) directing release of amounts lying in various bank accounts in favour of the petitioner. +1 more

Court's answer

The petition was disposed of with liberty to the petitioner to revive the petition in case the amounts are not received.

Ratio / Principle

The exemption application CM APPL. 26196/2025 was allowed subject to just exceptions and stands disposed of accordingly.

Key takeaways

Notice was issued to HDFC Bank for ensuring remittance of the amounts at Serial Nos. ii and iv, and the same was to be done by HDFC Bank within the next 10 days.ratio¶22
On the undertaking of counsel for Punjab National Bank that the amount would be transferred within the next week, the presence of Punjab National Bank was exempted.ratio¶21
A communication was to be issued by the Investigating Officer to HDFC Bank so that the remittances are made within the next 10 days, along with a copy of the order; IO Harvir Singh, present in Court, undertook to ensure the order was duly communicated to the relevant branch of HDFC Bank.

Detailed headnote1 paragraphs

Delhi High Court (Anish Dayal, J., order dated 01.05.2025 in CONT.CAS(C) 682/2025) disposed of a contempt petition alleging wilful disobedience of a JMFC, Patiala House Courts order dated 24.02.2025 in FIR No.23/2025 (PS Special Cell) directing release of amounts lying in various bank accounts, inter alia Axis Bank, IndusInd Bank and HDFC Bank, to the petitioner. Counsel reported that Rs.5.5 lacs towards Serial Nos. i and v had already been credited by IndusInd Bank and HDFC Bank after filing of the petition, while amounts at Serial Nos. ii-iv were pending. Counsel for Punjab National Bank accepted notice and undertook transfer of its amount within the next week, on which PNB's presence was exempted. HDFC Bank was put on notice to remit the amounts at Serial Nos. ii and iv within 10 days, through communication by the Investigating Officer (Harvir Singh), with a warning that action would be taken against the concerned HDFC Bank officer in the event of any infraction. The petition was disposed of with liberty to the petitioner to revive it if the amounts were not received. The accompanying exemption application (CM APPL. 26196/2025) was allowed subject to just exceptions.

$~61

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CONT.CAS(C) 682/2025

SHASHI SABHARWAL .....Petitioner

Through: Ms. Swaty Singh Malik, Ms. Deepti Verma and Mr. Rohan Kumar, Advs.

versus

UNION OF INDIA AND ORS .....Respondent Through: Mr. J.P.N. Shahi and Mr. Divyanshu Kumar, Advs. for R-1 & 2 with IO Harvir Singh, PS Special Cell. Ms. Rashmi, Adv. for R-3. Mr. Santosh Kumar Rout, Standing Counsel for PNB with Ms. Dharva Veragi, Mr. B.N. Mishra and Mr. Aditya Kumar Jha, Advs.

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 01.05.2025

CM APPL. 26196/2025 (Exemption)

Exemption allowed subject to just exceptions.

Application stands disposed of, accordingly.

CONT.CAS(C) 682/2025

This petition has been filed alleging wilful disobedience of order dated 24^th February 2025 passed by the JMFC, Patiala House Courts on 24^th February 2025, in FIR No.23/2025 , PS Special Cell . There was a direction for the amounts to be released in favour of the petitioner, which are lying in various bank accounts, inter alia, Axis Bank, IndusInd Bank, HDFC Bank.

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 01/07/2025 at 01:35:50

Relevant direction has been extracted as under:

Ms. Swaty Singh Malik , Counsel for petitioner, states that after filing of the petition, yesterday evening Rs.5.5 Lacs towards Serial. No.i and Serial. No.v has been transferred to the petitioner’s account by IndusInd Bank and HDFC Bank. Amounts for Serial. Nos.ii-iv are still pending.

Issue notice.

Counsel for Punjab National Bank accepts notice and states that this amount will be transferred within the next week.

On his undertaking, the presence of Punjab National Bank is exempted.

Issue notice to HDFC Bank for ensuring remittance of amounts at Serial No.ii and Serial No.iv . The same shall be done by the HDFC Bank within the next 10 days.

A communication shall be issued by the Investigating Officer (‘ IO ’ )

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 01/07/2025 at 01:35:50

to the HDFC Bank in this regard, so that the remittances are made within the next 10 days, along with a copy of this order.

Mr. Harvir Singh , IO, is present in Court and undertakes to ensure that this order is duly communicated to the relevant branch of HDFC Bank. 9. In the event, there is any infraction by the HDFC Bank, action will be taken against the concerned officer of the HDFC Bank. 10. The petition is disposed of with liberty to the petitioner to revive the petition in case these amounts are not received. 11. Order be uploaded on the website of this Court.

ANISH DAYAL, J

MAY 1, 2025/MK/tk

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 01/07/2025 at 01:35:50