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Shikha Kanwar vs Rajat Kanwar on 20 October, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~4
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CONT.CAS(C) 991/2021 & CM APPL. 16311/2022(Direction)
                                SHIKHA KANWAR                                      ..... Petitioner
                                                    Through:     Mr. Prabhjit Jauhar, Adv. with Ms.
                                                                 Gauri Rajpur, Adv.
                                                    versus
                                RAJAT KANWAR                                       ..... Respondent
                                                    Through:     Mr. Sanjay Dewan, Ms. Simran
                                                                 Arora, Advs.
                                CORAM:
                                HON'BLE MR. JUSTICE YASHWANT VARMA
                                                    ORDER

% 20.10.2022

1. This Court had considered the issues which arise in the instant contempt petition on 20 September 2022 when it took on board the statement made on behalf of the respondent opposite party by his learned counsel who had submitted that a demand draft totalling the amounts which are set forth in Para 7 of the counter affidavit and favouring the petitioner here would be produced before the Court on the next date fixed. On the next date, when the matter was called, namely, 27 September 2022, the Court noted that the opposite party had failed to comply with the aforesaid order. The non-compliance was, in fact, candidly admitted. It had accordingly called upon the opposite party to show cause why charges of contempt be not framed against him.

2. When the Court took up the matter for consideration on 07 October 2022, learned counsel appearing for the opposite party had prayed for an opportunity being accorded in order to enable him to file a response and Signature Not Verified Digitally Signed By:NEHA Signing Date:20.10.2022 17:34:22 explain the constraints which had operated and rendered him unable to comply with the earlier order passed. A further statement was made on his behalf that in order to establish his bona fides, the respondent may be granted an opportunity to clear the outstanding dues towards school fees at least. In view of the above, the Court had granted that opportunity to the opposite party and further provided that the school fees may be remitted directly to the educational institution.

3. Today when the matter was taken up to review progress, learned counsel for the opposite party admits that the school fees has not been remitted. Before this Court it is not disputed that the educational institution had duly apprised the opposite party of the total amounts which were liable to be paid. The opposite party has raised an issue of the petitioner having not provided certain details which may have enabled him to access the scholars' portal as maintained by the school and which may have enable him to ascertain certain facts.

4. However, the Court is of the opinion that the same cannot possibly be viewed as a circumstance which could be said to constitute a valid or justifiable ground for his failure to comply with the earlier order passed and remit the school fees. The Court notes thus that the assurances as tendered by the opposite party before this Court have been belied on more than one occasion.

5. Consequently, let the opposite party appear in person and file his response in terms of the directions issued on 27 September 2022 on the next date. The question of framing of charges shall be taken up on that date.

6. List on 04.11.2022.

YASHWANT VARMA, J.

OCTOBER 20, 2022/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:20.10.2022 17:34:22