Full Text
HIGH COURT OF DELHI
CCP(O) 15/2015 in CS(OS) 2331/2008
M/S G.S. BERAR & CO PVT LTD. AND ANR ..... Petitioners
Through: Mr. Saurabh Prakash, Advocate
Through: Mr. Mukesh Anand, Advocate
JUDGMENT
1. The present contempt petition has been filed by the petitioners [plaintiffs in CS(OS) 2331/2008] praying inter alia that contempt of court proceedings be initiated against the respondent for disobeying the orders dated 07.09.2012 and 13.05.2014 passed in CS(OS) 2331/2008.
2. Mr. Saurabh Prakash, learned counsel for the petitioners submits that vide order dated 07.09.2012, the respondent was directed to tender use and occupation charges of the suit premises on a monthly basis, to be paid on or before the 10th day of each calendar month. However, the respondent has failed to pay the rent for the months of January and February, 2015. He further states that on 13.05.2014, counsel for the respondent had stated that they would pay a sum of 2015:DHC:1412 `7,50,000/- as rentals w.e.f. 01.05.2014, but the arrears to the tune of `2 lacs for the month of May, 2014 have not been tendered to his clients till date.
3. Mr. Mukesh Anand, learned counsel for the respondent had entered appearance when the case was called in the first round and he had stated on instructions that the respondent had deposited the use and occupation charges for the month of January, 2015 in the account of the petitioners only yesterday. As the counsel for the petitioners was unaware of this development, at the joint request of the counsels for the parties, the matter was passed over to enable them to obtain clear instructions.
4. On the second call, Mr. Anand hands over a photocopy of the pay-in-slips in respect of the amounts deposited by the respondent in the account of the petitioners and he states that a sum of `8,90,000/- (less TDS) has been deposited by the respondent only yesterday towards use and occupation charges of the suit premises in CS(OS) 2331/2008 and 2330/2008, for the month of January, 2015. He states that his client is willing to pay interest on account of late payment.
5. Interest on the aforesaid amount shall be paid by the defendant @11% per annum w.e.f. 11.01.2015, till the same is tendered to the petitioners.
6. As for the use and occupation charges for the month of February, 2015, Mr. Anand states the said amount shall be deposited in the account of the petitioners within one week from today, alongwith interest for late payment as ordered above.
7. This leaves the issue with regard to non-payment of a sum of `2 lacs to the plaintiff in terms of the order dated 13.05.2014. Mr. Anand states that if the said amount is outstanding, then his client shall deposit the same in the account of the petitioners within two weeks, alongwith interest @11%, in terms of the order passed on 13.05.2014.
8. In view of the aforesaid submission, the present contempt petition is disposed of. However, the respondent is cautioned to be more careful in future in complying with the order dated 07.09.2012. If the respondent defaults in making the payments as directed/undertaken above, the petitioner shall be entitled to seek revival of the present petition. HIMA KOHLI, J FEBRUARY 11, 2015 rkb