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Delhi High Court - Orders

Sumit Garg vs Vimal Ghai on 29 March, 2023

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~23
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CONT.CAS(C) 54/2022
                                 SUMIT GARG                                           ..... Petitioner
                                                    Through:      Mr. Sanjay Verma and Ms. Siddhi,
                                                                  Advocates.
                                                    versus
                                 VIMAL GHAI                                           ..... Respondent
                                                    Through:      Ms. Suruchi Mittal with Mr. Shubham
                                                                  Soni, Advocates with Respondent in
                                                                  person.
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                    ORDER

% 29.03.2023

1. This petition has been filed stating that the Respondent herein has not complied with the directions issued by the Principal District & Sessions Judge (HQs), Delhi ('Trial Court') vide order dated 30.10.2021, whereby costs of Rs. 15,000/- was imposed on the Respondent.

2. Learned counsel for the Respondent has placed on record the subsequent order dated 24.02.2022 passed by the Coordinate Bench of this Court in CM(M) No. 182/2022, extending the time granted by the Trial Court to pay the costs, by the next date of hearing before the Trial Court i.e., 28.02.2022.

3. She states that the costs of Rs. 15,000/- was duly tendered before the Trial Court by way of a cheque bearing No. 005329 and dated 28.02.2022; however, the tender was not accepted by the Petitioner. She also relies upon the order dated 25.07.2022 passed in the present proceedings wherein it is recorded that in lieu of the said cheque, the Respondent has tendered a Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:30.03.2023 13:49:11 demand draft amounting to Rs. 15,000/- to the Petitioner. She states that the said demand draft has been duly encashed.

4. In view of the payment of costs of Rs. 15,000/- and the order dated 24.02.2022, the Trial Court's order dated 30.10.2021 stands complied with.

5. Accordingly, this Court finds no reason to proceed with the contempt proceedings and accordingly, the present petition is disposed of. The pending applications, if any, stand disposed of.

MANMEET PRITAM SINGH ARORA, J MARCH 29, 2023/msh/aa Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:30.03.2023 13:49:11