Supreme Court - Daily Orders
Praveen Kumar Gulati vs Union Of India on 6 November, 2020
Bench: A.M. Khanwilkar, Dinesh Maheshwari, Sanjiv Khanna
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).3671-3672 OF 2020
(Arising from SLP (C) Nos.13475-13476/2020
Diary No(s). 12058/2020)
PRAVEEN KUMAR GULATI APPELLANT(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S)
O R D E R
Heard counsel for the parties.
Delay condoned.
Leave granted.
This appeal takes exception to the judgment and orders dated 22nd July,2019 and 22nd May, 2020 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No.7680 of 2019.
By this order the claim of the appellant regarding monthly maintenance and provision for accommodation by his sons i.e. respondent Nos. 3 (Tarun Gulati) and 4 (Manish Gulati) shall stand disposed of.
After hearing the counsel for the parties, Signature Not Verified we are of the considered opinion that the Digitally signed by NEETU KHAJURIA respondent Nos. 3 and 4 shall jointly and severally Date: 2020.11.07 14:36:14 IST Reason: pay a sum of Rs.20,000/- (Rupees twenty thousand 2 only) per month with effect from the date of this order towards maintenance to the appellant.
In addition, they (respondent Nos. 3 and 4) shall provide suitable accommodation in the locality where they are presently residing, which must be acceptable to the appellant. That shall be done within two weeks from today, failing which the respondent Nos. 3 and 4 shall be liable to pay an additional amount of Rs.5,000/- (Rupees five thousand only) per month in lieu of accommodation to the appellant along with the maintenance amount, as aforesaid.
The amount towards monthly maintenance or additional amount in lieu of accommodation, as the case may be, shall be directly transferred on-line in the bank account of the appellant (Praveen Kumar, Account No.0619001700074593, IFSC Code No. PUNB0061900, Aadhaar No.388052584813, Punjab National Bank, New Rohtak Road Branch, New Delhi) on or before 2nd of every English calendar month.
The monthly maintenance amount for the month of November, 2020 shall be remitted within one week from today.
Needless to observe that the accommodation 3 to be provided by the respondent Nos. 3 and 4 shall be during the life-time of the appellant so as the monthly maintenance amount quantified hitherto.
The maintenance amount as directed by the trial Court to be paid with effect from May, 2019 until October, 2020, shall be made over to the appellant within one month from today in the same manner. Until this payment is made, the property i.e. House No.11808, Gali No.6, Sat Nagar, Karol Bagh, New Delhi-110005, shall remain attached in terms of this order and would stand released only after the entire arrears of maintenance amount, as directed by the trial Court, is made over to the appellant.
This order, however, shall not come in the way of the appellant to pursue his case bearing C.S. No.3856/2019, pending before the Court of Civil Judge-04, Tis Hazari Court, Delhi, which shall be proceeded expeditiously on its own merits in accordance with law and to be decided not later than June, 2021. The parties shall extend full cooperation for early disposal of the said suit, failing which the trial Court may proceed appropriately against the party causing 4 obstruction/delay.
Civil appeals and pending applications are disposed of accordingly.
Copy of this order be forwarded forthwith to the trial Court referred to above through email/online, for information and necessary action.
.....................,J.
(A.M. KHANWILKAR) ....................,J.
(DINESH MAHESHWARI) ....................,J.
(SANJIV KHANNA) NEW DELHI NOVEMBER 06, 2020.
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ITEM NO.17 Court 4 (Video Conferencing) SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 12058/2020 (Arising out of impugned final judgment and order dated 22-07-2019 in WP(C) No. 7680/2019 22-05-2020 in WP(C) No. 7680/2019 passed by the High Court Of Delhi At New Delhi) PRAVEEN KUMAR GULATI Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) IA No. 51812/2020 - CONDONATION OF DELAY IN FILING IA No. 51815/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 66942/2020 - EXEMPTION FROM FILING O.T. IA No. 52453/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 06-11-2020 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Ms. Charu Ambwani, Adv.
Mr. Soayib Qureshi, AOR Ms. Anju Aggarwal,Adv.
For Respondent(s) Ms. Madhavi Divan, ASG Ms. Seeema Bengani. Adv. Ms. Priyanka Das.Adv Mr. A.K. Sharma, AOR Mr. P.K. Sharma, Adv.
Mr. Uday Prakash Adv, Mr. Ramjee Pandey, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.6
Civil appeals and pending applications are disposed of in terms of the signed order.
(NEETU KHAJURIA) (VIDYA NEGI) COURT MASTER COURT MASTER
(Signed order is placed on the file)