Delhi High Court - Orders
Abhishek Vyas & Anr vs Amar Srivastava on 28 May, 2021
Author: J.R. Midha
Bench: J.R. Midha
$~A-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 511/2018 & CM APPLs. 22509/2018, 22511/2018 &
5944/2019
ABHISHEK VYAS & ANR ..... Appellants
Through: Mr Kousik Ghosh and Mr.Durga
Dutt, Advocates along with appellants
in person
versus
AMAR SRIVASTAVA ..... Respondent
Through: Mr. Piyush Kumar, Advocate
Ms. Nandita Rao, ASC (Crl.) for
GNCTD
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
% 28.05.2021
1. On 14th September, 2018, appellant No.2 gave an undertaking to this Court to pay principal award amount of Rs.3,11,100/- within a period of four months. The undertaking was accepted by this Court. The relevant portion of the order dated 14th September, 2018 is reproduced hereunder:
"1. Appellant No.2 and respondent are present in Court with their respective counsels.
2. After some hearing, appellant No.2 agrees to pay principal award amount of Rs.3,11,100/- to the respondent in four months time in full and final settlement.
3. The respondent present in Court along with his counsel agrees to accept the principal award amount of Rs.3,11,100/- if the payment is made within a period of four months. He further submits that if the Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:01.06.2021 13:52:19 payment is not made within four months, the appellant would claim the interest as awarded by the Claims Tribunal.
4. Appellant No.2 undertakes to pay the principal award amount of Rs.3,11,100/- to the respondent within a period of four months from today. The undertaking of the appellant No.2 is accepted.
5. The appeal is disposed of in terms of the undertaking of the appellant No.2. Appellant No.2 shall transfer the principal award amount to the savings bank A/c No.90092010165007 of the respondent with Syndicate Bank, R.K. Puram, Sector-5 Branch, Delhi (IFSC Code: SYNB0009009) within a period of four months from today. In the event of failure of appellant No.2 to transfer the principal award amount to the account of the respondent within four months, the appellant No.2 shall be liable for consequences of violation of the undertaking and the appellants be liable to pay interest as awarded by the Claims Tribunal.
6. Learned counsel for the appellant submits that the appellant's vehicle is not being released by the P.S. Mehrauli on the ground that the vehicle was not insured. The S.H.O., P.S. Mehrauli is directed to release the offending vehicle to the appellant No.2, after the payment of Rs.1,00,000/- by the appellant No.2 to the defendant. Appellant No.2 shall file the proof of transfer of Rs.1,00,000/- to the respondent, to S.H.O., P.S. Mehrauli at the time of seeking the release of the vehicle.
7. The execution proceedings before the Claims Tribunal shall remain stayed for a period of four months to enable the appellant No.2 to pay the award amount to the respondent. However, in the event of the failure of the appellant No.2 to pay the amount to the respondent within four months, the Claims Tribunal shall proceed further to execute the award in accordance with the law."
2. The appellants did not pay the aforesaid amount within the time granted and sought an extension of one month which was granted by this Court on 08th February, 2019. However, the payment was not made even during the extended period.
3. On 02nd August, 2019, show cause notice was issued to the appellants Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:01.06.2021 13:52:19 as to why the proceedings for contempt be not initiated against them.
4. On 01st November, 2019, the appellants paid Rs.45,000/- to the respondent and submitted that they are not in a position to immediately pay the balance undertaking amount whereupon this Court directed the appellants to file the affidavits of their assets and income in the format of Annexure A-1 attached to the order.
5. The appellants are present before this Court through video conference and they submit that they have filed the reply to the show cause notice as well as the affidavits of assets. They further submit that they are not in a position to immediately pay the amount. Last opportunity is granted to the appellants to deposit the balance amount in terms of the undertaking given to this Court before the next date of hearing.
6. In the affidavits filed by the appellants, most of the columns have been left blank. The appellants have not complied with the directions given by this Court. The appellants are directed to file fresh affidavits of their assets and income in the format of Annexure A-1 to the judgment of Bhandari Engineers & Builders Pvt. Ltd. v. Maharia Raj Joint Venture, 2020 (270) DLT 582 along with the documents within four weeks.
7. This Court is of the view that it would be appropriate to direct the DCP, Crime Branch, Delhi Police to conduct an enquiry into the assets and income of the appellants. The copy of the affidavits be furnished to Ms. Nandita Rao, learned Additional Standing Counsel for Govt. of NCT of Delhi whereupon she shall send the same to Dr. Joy Tirkey, DCP Crime Branch, Delhi Police who shall conduct an enquiry under his supervision and verify the averments made in the affidavits and ascertain the assets and income of the appellants.
Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:01.06.2021 13:52:198. In view of the continuing violation of the undertaking, the appellants shall not transfer, alienate or create any third-party interest in respect of any of their assets till further orders.
9. List for considering the report of the DCP Crime Branch, Delhi Police on 27th August, 2021.
10. The Registry shall furnish the entire digitalized copy of the paper book to Ms. Nandita Rao within one week.
J.R. MIDHA, J.
MAY 28, 2021 dk Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:01.06.2021 13:52:19