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Delhi High Court - Orders

Lechamps (Sea) Pte Ltd vs Ashish Gupta & Anr on 19 January, 2023

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                             $~23
                             *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +      CONT.CAS(C) 631/2017 & CM Nos. 4726/2019, 12739/2019
                                    LECHAMPS (SEA) PTE LTD                          ..... Petitioner
                                                      Through:     Mr Sanjeev Sahay, Mr Karandeep
                                                                   Singh, Mr Shagun Saproo, Advocates

                                                      versus

                                    ASHISH GUPTA & ANR                              ..... Respondents
                                                      Through:     Mr Hemant Chaudhri, Advocate with
                                                                   Mr Arjun Sanjay, Mr Shaurya
                                                                   Pushpam, Mr Vash Goyal, Advocates
                                                                   with Respondent No.1 in person.

                             CORAM:
                             HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                      ORDER

% 19.01.2023

1. Learned counsel for the Petitioner states that the order dated 27.07.2022 passed by this Court has not been complied by the Respondents. He states no payment was made either on 30.09.2022 or 31.12.2022 despite a statement made before this Court.

2. Learned counsel for the Respondent No.1 is present along with Respondent No.1, Mr Ashish Gupta. He states that Respondent No.1 is carrying a Demand Draft of Rs.10 lakhs. He confirms that Respondents have not made any payment in compliance of the order dated 27.07.2022. He seeks one weeks' time to place on record a firm proposal for making the payment of the balance amount to the Petitioner.

Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:23.01.2023 18:00:33

3. Learned counsel for Respondent No.1 has handed over the Demand Draft of 10 Lakhs to the learned counsel for the Petitioner.

4. This Court has heard the parties. It has been clarified to Respondent No.1 that if the said proposal is not acceptable to the Petitioner, then the present proceedings for contempt shall be proceeded with.

5. This Court also takes note that the order dated 27.07.2022 had specifically spelt out the timeline of 30.09.2022 and 31.12.2022 to make the payment. However, the Respondent has not sought any extension of time from the Court to make the payment as directed in order dated 27.07.2022 or explained the reasons for his inability to comply with the said order.

6. This Court finds that the Respondent has absolutely no regard for the present court process. The offer of payment of Rs.10 Lakhs, when the matter is listed for reporting compliance, is clearly a token display and lacks bona fide.

7. As a matter of last opportunity, the matter is adjourned at the request of Respondent No.1. He is directed to remain personally present in Court on the next date of hearing.

8. List on 01.03.2023.

MANMEET PRITAM SINGH ARORA, J JANUARY 19, 2023 pkv/kv Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:23.01.2023 18:00:33