Delhi High Court - Orders
Babita Kaur vs Subhash Chand Mishra on 3 September, 2020
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 490/2020
BABITA KAUR ..... Petitioner
Through Mr. Robin Bansal, Advocate.
versus
SUBHASH CHAND MISHRA ..... Respondent
Through Ms. Pratiksha Chaturvedi, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 03.09.2020 CM APPL.21543/2020 (exemption) Exemption is allowed subject to all just exceptions.
CONT.CAS(C) 490/2020
1. The hearing was conducted through video conferencing.
2. Petitioner seeks initiation of contempt proceedings against the respondent for failure to comply with order dated 25.02.2020 passed in CM(M) 241/2020, whereby, the respondent was directed to pay a sum of Rs.5,000/- per month. The amount was fixed based on escalation matrix contained in the rent agreement.
3. Learned counsel for the respondent submits that without prejudice that they had no objection to pay the rent, however, she submits that in view of Section 4 read with Section 8 of Delhi Rent Control Act, 1958, no rent above the agreed rent is payable to the Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:03.09.2020 15:18:34 CONT.CAS(C) 490/2020 Page 1 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
respondent because the property is covered under the Delhi Rent Control Act, 1958. She submits that the last paid rent was Rs.800/- per month.
4. Learned counsel for the parties inform that CM(M) 241/2020 is listed in the normal board on 29.09.2020.
5. With the consent of the parties, CM(M) 241/2020 is directed to be listed for hearing.
6. Accordingly, list this contempt petition and CM(M) 241/2020 for consideration on 29.09.2020.
7. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J SEPTEMBER 3, 2020 st Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:03.09.2020 15:18:34 CONT.CAS(C) 490/2020 Page 2 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.