Disposed

Nirmal Tower Building Occupants Welfare Society (Regd) v. Sumit Gakhar & Anr.

Delhi HC7 Sept 2026CONT.CAS(C)/500/2013

Case brief

AI extract

What is this about?

In a contempt petition under Sections 10 and 12 of the Contempt of Courts Act, the Court observed that the Petitioners failed to supply requisite documents for 58 apartments. No contempt was imposed due to the Petitioners' default. The Court framed time-bound directions for document submission and deed issuance.

What did the court decide?

No further orders required. Petition disposed of. Petitioners to submit documents within three months; L&DO to issue deeds within six months of submission.

Nirmal Tower Building Occupants Welfare… — Pension and Retirement Benefits | Delhi HC (2026)

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$~26

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010878982013

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- CONT.CAS(C) 500/2013 & CM APPL. 8673/2026 (Dir.)

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NIRMAL TOWER BUILDING OCCUPANTS WELFARE SOCIETY (REGD) .....Petitioner Through: Appearance not given.

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versus

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SUMIT GAKHAR & ANR .....Respondents Through: Ms. Anubha Bhardwaj, CGSC along with Ms. Ananya Shamshery, Ms. Manavi Dhingra and Mr. Sparsh Sharma, Advocates for L&DO.

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CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

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O R D E R 07.09.2026

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The present Petition has been filed under Sections 10 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India seeking initiation of contempt proceedings as against the Respondents for alleged violation of the Order dated 21.12.2012.

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Learned counsel appearing on behalf of the Petitioners fairly and forthrightly submits that Deeds of Apartments for 32 out of the 90 have already been executed. He, however, submits that there are some omissions and infirmities in the said Deeds of Apartment. He further submits that, in any event, the Deeds of Apartment in respect of the remaining 58 have not been issued to the Apartment Owners.

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Learned counsel appearing on behalf of the Respondent/Land &

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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 10/09/2026 at 10:52:37

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Development Office [“ L&DO] submits that they are duty-bound to issue separate Deeds of Apartment to all the 90 Apartment Owners. She further submits that the Department has already complied with the directions dated 21.12.2012 insofar as 32 Deeds of Apartment have already been executed. It is further submitted that there is absolutely no infirmity in the Deeds of Apartment that have been issued and the apprehension of the learned counsel appearing on behalf of the Petitioners is unfounded since Deeds of Apartment in similarly placed cases have already been registered.

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Learned counsel appearing on behalf of the Respondents relies upon the Deeds of Apartment which have been placed on record and which pertain to similarly situated Apartment Owners being Apartment Owners in Upasana Building situated at Hailey Road. 5. This Court has heard the learned counsel appearing on behalf of the parties and, with their able assistance, perused the material on record.

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This Court notes that the present Contempt Petition has been pending for the past 13 years. It appears that with respect to at least 32 of the Apartment Owners, Deeds of Apartment have been issued albeit belatedly; however, the same appears to be substantial compliance in respect of these 32 Apartment Owners.

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Adverting now to the remaining 58 Apartment Owners, it appears that despite multiple notices pertaining to submission of requisite documents, the same have not been supplied by the Petitioners.

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In view of the aforesaid submission, this Court is of the considered opinion that the Respondents cannot be held guilty of contempt when the Petitioners themselves have not been forthcoming

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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 10/09/2026 at 10:52:37

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in submitting the required documents.

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Be that as it may, now, learned counsel appearing on behalf of the Petitioners has undertaken to ensure that the required documents in terms of the communications dated 16.09.2016 and 24.11.2016 will be submitted to the Respondent authorities within a period of three (03) months from the date of this Order . 10. Learned counsel appearing on behalf of the L&DO submits that within a period of six (06) months from the date of submission of the relevant documents , if all documents are in order, the Deeds of Apartment will be issued. In the event that there are any shortcomings or discrepancies in the documents as supplied by the Petitioners, the said shortcomings and discrepancies shall be communicated to the Petitioners/apartment owners within a period of one (01) month from the date of submission of the documents .

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Learned counsel appearing on behalf of the Petitioners submits that upon receiving the communication pertaining to the discrepancies thereto, the Petitioners, within a period of one (01) month from the date of receiving such communication, will ensure that the documents are completed and the Respondents then would be able to adhere to the six (06) month timeline to which they have undertaken. 12. In view of the aforesaid undertakings and arrangement, this Court is of the view that no further orders are required to be passed in the present Contempt Petition. 13. Accordingly, the present Petition, along with all pending application(s), if any, stands disposed of in the aforesaid terms.

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HARISH VAIDYANATHAN SHANKAR, J. SEPTEMBER 07, 2026/nd/va

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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 10/09/2026 at 10:52:37

Nirmal Tower Building Occupants Welfare Society (Regd) v. Sumit Gakhar & Anr.

Case brief

What is this about?

What did the court decide?

Nirmal Tower Building Occupants Welfare Society (Regd) v. Sumit Gakhar & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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