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
