Delhi High Court - Orders
Sameer Dhanrajani vs M/S Anand Divine Developers Pvt. Ltd. & ... on 10 March, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~91 to 94
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 670/2021 & CM APPL. 36441/2022
SAMEER DHANRAJANI ..... Petitioner
Through: Mr. Nitesh Sharma, Advocate
(through VC)
versus
M/S ANAND DIVINE DEVELOPERS PVT. LTD. & ORS.
..... Respondents
Through: Mr. Krish Kalra, Advocate.
92
+ CONT.CAS(C) 672/2021 & CM APPL. 36442/2022
PUNEET RAMANI & ANR. ..... Petitioners
Through: Mr. Nitesh Sharma, Advocate
(through VC)
versus
M/S ANAND DIVINE DEVELOPERS PVT. LTD. & ORS.
..... Respondents
Through: Mr. Krish Kalra, Advocate.
93.
+ CONT.CAS(C) 674/2021 & CM APPL. 36440/2022
VAMAN SABHARWAL & ANR. .......Petitioners
Through: Mr. Nitesh Sharma, Advocate
(through VC)
versus
M/S ANAND DIVINE DEVELOPERS PVT. LTD. & ORS.
..... Respondents
Through: Mr. Krish Kalra, Advocate.
94.
+ CONT.CAS(C) 675/2021 & CM APPL. 36443/2022
VISHAL KANODIA & ANR. ..... Petitioners
Through: Mr. Nitesh Sharma, Advocate
(through VC)
versus
Signature Not Verified
Digitally Signed
By:RASHMI DABAS
Signing Date:14.03.2023
11:54:13
M/S ALMOND INFRABUILD PVT. LTD. & ORS. ..... Respondents
Through: Mr. Krish Kalra, Advocate.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 10.03.2023
1. These matters have been released from part heard by the predecessor bench vide order dated 06.03.2023.
2. Learned counsel for the Respondent states that they have deposited a sum of Rs. two (02) crores till date. He states that the outstanding sum of Rs. 89 lakhs will be deposited within a period of two (2) weeks from today i.e., 24.03.2023.
3. In reply, learned counsel for the Petitioner states that that by the said piecemeal deposit of money, the Respondent is in wilful disobedience of the undertaking given to this Court on 01.11.2022. He further states that Respondents are mischievously interpreting the phrase 'EMIs' as it appears in the order dated 01.11.2022 to be read as 'pre-EMIS'. He further, refutes the submission of the Respondent that the sum outstanding and due is Rs. 89 lakhs; he states that in these present matters, the amount due and outstanding as on date is Rs. 1.4.
4. He states that the Respondents by consistently delaying the deposit of money and by seeking to misinterpret the order dated 01.11.2022 is further aggravating the contempt in the present proceedings.
5. This Court has considered the submissions of the parties. In terms of the directions contained in order dated 08.12.2022, since entire amount has admittedly not been deposited, Respondent No. 2, Mr. Getambar Anand, Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:14.03.2023 11:54:13 Director should have been present in Court today. However, he is neither present in Court today nor is there any explanation offered for his non- presence.
6. It is directed that Respondent No.2, Mr. Getambar Anand, Director shall remain present in Court on the next date of hearing and ensure compliance of order dated 01.11.2022 in letter and spirit.
7. The aforesaid submissions of the Petitioner will also be considered by this Court on the next date of hearing.
8. List on 20.04.2023.
MANMEET PRITAM SINGH ARORA, J MARCH 10, 2023/rk/kv Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:14.03.2023 11:54:13