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Contemp Application

1. The plaintiff filed a contempt application against the defendants for failing to comply with a court order from September 21, 2020 to pay outstanding rent and deposit rent payments in court. 2. The court had previously ordered the defendants to clear rent arrears within a month, deposit Rs. 65,000 monthly in court, and pay Rs. 70,000 monthly to the plaintiff. 3. The defendants have not paid any money to the plaintiff or deposited any payments in court as ordered, on multiple due dates. The plaintiff is seeking contempt proceedings for non-compliance with the court order.

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Syed Kamran Ali
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387 views

Contemp Application

1. The plaintiff filed a contempt application against the defendants for failing to comply with a court order from September 21, 2020 to pay outstanding rent and deposit rent payments in court. 2. The court had previously ordered the defendants to clear rent arrears within a month, deposit Rs. 65,000 monthly in court, and pay Rs. 70,000 monthly to the plaintiff. 3. The defendants have not paid any money to the plaintiff or deposited any payments in court as ordered, on multiple due dates. The plaintiff is seeking contempt proceedings for non-compliance with the court order.

Uploaded by

Syed Kamran Ali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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IN THE COURT SHRI SUMIT DASS, LD.

ADDL. DISTRICT JUDGE-03, SOUTH DISTRICT, SAKET


COURTS, NEW DELHI

CIVIL SUIT No. 205 OF 2020

IN THE MATTER OF:

D.J. KHERA-HUF ...PLAINTIFF

VERSUS

JIN KAUSHAL EXPORTS AND ANR ...DEFENDANTS

APPLICATION ON BEHALF OF PLAINTIFF SEEKING


DIRECTIONS TO INITIATE CONTEMPT PROCEEDINGS
AGAINST THE DEFENDANTS UNDER PROVISIONS OF
CONTEMPT OF COURTS ACT, 1971, FOR NOT COMPLYING
THE ORDER DATED 21.09.2020 PASSED BY THIS HON’BLE
COURT.

NDOH: 18.11.2020

MOST RESPECTFULLY SHOWETH:

1. That the above noted matter is pending adjudication before

this Hon’ble Court and the NDOH is fixed on 18.11.2020.

2. That this Hon’ble court vide its order dated 21.09.2020

directed the defendants to clear outstanding arrears of rent

within one month from the date of the order, also directed to

deposit Rs 65000/ latest by 7th of each month in Court and

also pay Rs 70000/- to the plaintiff/owner by 7th of each

month.
3. That the Defendants have not paid a single rupee to the

Plaintiff and nothing has been deposited in this Hon’ble Court

till date, as per the knowledge of the plaintiff.

4. That the Defendants act of deliberate disobedience are

elucidated below:-

1st Act of Disobedience on 7th October’20

2nd Act of Disobedience on 21th Oct’20

3rd Act of Disobedience on 7thNov’20.

5. That the Plaintiff filled an application in this H’ble Court at

the time of each act of Disobedience with a prayer to strike off

his defence.

6.That as these acts of the defendants are contumacious and

are an obstruction to administration of justice. The defendant

are Impeding the due process of justice by continuously,

repeatedly, deliberately, wilfully disobeying the order of this

Hon’ ble Court.

7. That the defendants are regular defaulters and are in the

habit into not following the due process of law, as is evident

from the facts mentioned hereunder:

a) That the Defendant No.1 has himself written an

apology letter dated 30.09.2019 to the Plaintiff while admitting

default in payment of rent of Rs70,000/-for Sep’19.


b) That the defendants have not paid the arrears on account of

water consumption charges having accumulated to a huge sum

of Rs.3.27 lakh and an amount of Rs 33.230/- is outstanding

on account on account of electricity consumption.

c) That inspite of the specific directions passed by

this Hon’ble Court vide its order dated 21.09.20120 for

payment of outstanding arrears and to regularly pay the rent,

the defendants consider it a trivial matter to disrespect the

specific directions of this Hon’ble and have neither paid the

amounts due nor have any intention to do so.

8. That in the event the above mentioned acts of Disobedience

the defendants, the plaintiff prays that contempt proceedings be

initiated against the erring party for his/her wilful disobedience,

as per the Contempt of Court Act.

9. That therefore it is palpable from the conduct of the

Defendants that the Defendants has wilfully not complied the

directions of this Hon’ble Court with mala-fide intentions. The

order was passed by this Hon’ble Court dated 21.09.2020 and

till now the defendants has not complied the order of the

Hon’ble Court.

10. That the present application is being made bona fide and in

the interest of justice.


PRAYER

In view of the submissions made above, it is most respectfully

prayed that this Hon'ble Court may kindly be pleased to:

a) Allow the present application and initiate contempt

proceedings against the defendants for not complying the

order dated 21.09.2020 passed by this Hon’ble Court;

b) Pass such other or further orders as this Hon’bleCourt

may deem fit and proper in the facts and circumstances of

the case.

Plaintiff

Dated: 17.11.2020 through

Place: Delhi

Counsel
IN THE COURT SH. SUMIT DASS, LD. ADJ SOUTH SAKET

COURT, SAKET, NEW DELHI

CIVIL SUIT No. 205 OF 2020


IN THE MATTER OF:
D.J. KHERA-HUF ...PLAINTIFF

VERSUS

JIN KAUSHAL EXPORTS AND ANR ...DEFENDANTS

AFFIDAVIT

I, Dharam Jit Khera, S/o Late Sh. K C Khera, Aged about 73

years R/o B-18, Soami Nagar, New Delhi 110017 do hereby

on solemn affirmation state as under:-

1. That I am the plaintiff in the above noted matter and as

such am well conversant with the facts of the case and hence

I am competent to swear this affidavit.

2. That I have read and understood the contents of the

accompanying application, which has been drafted under my

instructions and I state that the same are true and correct to

my knowledge and nothing material has been

concealed therefrom.

DEPONENT

VERIFICATION
Verified at New Delhi on this _____ day of November, 2020
that the contents of my above affidavit are true and correct to
my knowledge and nothing material fact has been
concealed therefrom.
DEPONENT

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