Delhi High Court - Orders
Dr. Ashok Kumar Omar And Anr vs Sandeep Bakshi, Icici Bank & Anr on 23 May, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 562/2022
DR. ASHOK KUMAR OMAR AND ANR. ..... Petitioners
Through: Mr. Shashwat Parihar, Advocate.
versus
SANDEEP BAKSHI, ICICI BANK & ANR. ..... Respondents
Through: Mr. Rachit Bigghe, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 23.05.2022
1. The present petition has been filed for initiation of contempt proceedings against Respondents for disobeying the directions issued vide order dated 31st January, 2022 in W.P. (C) 13335/2021.
2. The contention of the Petitioner is that despite directions of this Court to the Respondent not to take coercive action, the alleged Contemnor has deducted pre-EMIs for the months of February, 2022 and March, 2022. Mr. Shashwat Parihar, counsel for the Petitioners, submits that there is a lien marked onto its account and a negative balance is being reflected. Further, he states that Petitioners had also issued a Legal Notice under Section 138 of the Negotiable Instruments Act, 1881.
3. Mr. Rachit Bigghe, counsel for Respondent/ Contemnor, on instructions, states that the deductions from the account were made on account of instructions which could not be changed in time in the automated system of the Respondent. He submits that on 21st May, 2022, the systems Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:24.05.2022 11:21:29 have been rectified and the pre-EMIs for the month of February, 2022 and March, 2022 have been reverted to the Petitioner's account. He submits that post-March, 2022, no further EMIs shall be deducted, subject to further directions of this Court.
4. Mr. Bigghe's statement is taken on record that no further EMIs or any other coercive action will be taken against the Petitioners. The instant petition is disposed of, taking the statement of its counsel on record and binding the Respondent to the same.
5. The present petition is disposed of in the above terms.
SANJEEV NARULA, J MAY 23, 2022 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:24.05.2022 11:21:29