Delhi High Court - Orders
Lalit Modi vs Bdr Builders And Developers Private ... on 14 May, 2026
$~30 & 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. 7/2017, I.A. 5008/2017 (Stay), I.A. 1190/2025 (U/O
XIII Rule 3) & I.A. 1191/2025 (U/O VIII Rule 1A(3)
LALIT MODI .....Petitioner
Through: Mr. Inderbir Singh Alagh,
Senior Advocate along with Mr.
Tushar Parashar, Mr. Amit
Pandey and Mr. Bhanu Pratap
Singh Phore, Advocates.
versus
BDR BUILDERS AND DEVELOPERS PRIVATE LIMITED
.....Respondent
Through: Mr. Prashant Mehta, Ms.
Diksha Goswami, Ms. Prachi
Kohli, Mr. Nitin Bajaj and Ms.
Niharika Tiwari, Advocates.
31
+ EX.P. 69/2017, EX.APPL.(OS) 169/2018 (U/O 21 Rule 58, 98,
101 & 104), EX.APPL.(OS) 173/2018 (Stay), EX.APPL.(OS)
796/2020 (U/O 39 Rule 2A) & EX.APPL.(OS) 76/2025 (U/O
VII Rule 14)
BDR BUILDERS & DEVELOPERS PVT. LTD.
.....Decree Holder
Through: Mr. Prashant Mehta, Ms.
Diksha Goswami, Ms. Prachi
Kohli, Mr. Nitin Bajaj and Ms.
Niharika Tiwari, Advocates.
versus
SHRI LALIT MODI .....Judgement Debtor
Through: Mr. Inderbir Singh Alagh,
Senior Advocate along with Mr.
Tushar Parashar, Mr. Amit
Pandey and Mr. Bhanu Pratap
Singh Phore, Advocates.
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 19/05/2026 at 20:44:07
For Objector-Romi Garg:
Ms. Nandni Sahni, Advocate.
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
ORDER
% 14.05.2026 I.A. 16256/2025 (Dir.) in O.M.P. 7/2017
1. The present Application has been filed under Section 151 of the Code of Civil Procedure, 1908, by the Applicant/Respondent-BDR Builders and Developers Private Limited, seeking directions from this Court to the Petitioner in the captioned matter to purge his contempt(s) before the captioned petition is heard/decided.
2. Learned counsel appearing on behalf of the Applicant/ Respondent-BDR Builders and Developers Private Limited submits that the Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ["Act"] in which the present Application has been filed, cannot be heard till such time as the Non- Applicant/Petitioner, Mr. Lalit Modi, does not purge himself of the contempt. Admittedly, the Non-Applicant/Petitioner, Mr. Lalit Modi has already been held to be guilty of contempt and has been sentenced to four (4) months' imprisonment.
3. Learned counsel appearing on behalf of the Applicant/ Respondent-BDR Builders and Developers Private Limited, candidly submits that post the sentencing, the Non-Applicant/Petitioner, Mr. Lalit Modi herein has preferred a Special Leave Petition ["SLP"] before the Hon'ble Supreme Court as against the said order sentencing him, wherein the sentencing part has come to be stayed.
4. This Court is of the view that proceedings of contempt are essentially between the Contemnor and the Court, and it is the Court's 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 19/05/2026 at 20:44:07 discretion to proceed in the manner that it seems fit as against the Contemnor. In the present case, this Court has already exercised its powers and held the Contemnor guilty of contempt and has also sentenced him.
5. Given the conspectus of the facts, the prayer, as sought, in the present Application, is clearly non-maintainable since there is no question of the Contemnor having to purge any contempt as this Court has already held the Contemnor guilty and sentenced him for the same.
6. In view thereof, this Court is of the view that the reliefs, as sought for, in the present Application, cannot be granted and the same are rejected herewith.
7. The present Application stands disposed of in the above terms.
O.M.P. 7/2017, I.A. 5008/2017 (Stay), I.A. 1190/2025 (U/O XIII Rule 3) & I.A. 1191/2025 (U/O VIII Rule 1A(3) EX.P. 69/2017, EX.APPL.(OS) 169/2018 (U/O 21 Rule 58, 98, 101 & 104), EX.APPL.(OS) 173/2018 (Stay), EX.APPL.(OS) 796/2020 (U/O 39 Rule 2A) & EX.APPL.(OS) 76/2025 (U/O VII Rule 14)
8. Arguments heard.
9. Judgment reserved.
HARISH VAIDYANATHAN SHANKAR, J.
MAY 14, 2026/tk/va 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 19/05/2026 at 20:44:07