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HIGH COURT OF DELHI
Date of Decision: -16th October, 2023.
NEWS 24 BROADCAST INDIA LIMITED ..... Petitioner
Through: Mr. Harsh B. Buch, Advocate.
Through: Mr. Mayank Agarwal, Advocate.
Ms. Mehak Nakra ASC (Civil), GNCTD & Md Asif, Advocate for
SDM (M: 9650587959).
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present contempt petition has been filed by the Petitioner under Section 12 of the Contempt of Courts Act, 1971 alleging wilful disobedience of order dated 27th May, 2014 passed in CO.PET. 60/2013 titled News 24 Broadcast India Ltd. v. York Media Solutions Pvt. Ltd. As per the said order, the Company Petition was disposed of upon an undertaking of the Respondents to pay Rs.16 lacs to the Petitioner.
3. An undertaking has been given by Mr. Nitin Vashisht, the Managing Director of the Respondent-Company. The undertaking has been recorded by this Court vide order dated 28th May, 2014. The said order is extracted as under: “ Mr. Nitin Vashisht, Managing Director of the Respondent is present in Court and identified by Mr. Pushpendu Shukla, Advocate. The respondent undertakes that the respondent shall pay a sum of Rs.16,00,000/- in full and final settlement of all claims of the petitioner in 16 instalments of Rs.1,00,000/- each commencing from 20.06.2014. The post dated cheques for 16 instalments shall be handed over to the petitioner on 20.06.2014. The undertaking is accepted. Learned counsel for the petitioner submits that in view of the undertaking given by the respondent, the petitioner does not wish to press the present petition, however, subject to the right of the petitioner to seek revival of the petition and to initiate such other proceedings as may be prescribed under law for breach of undertaking. The respondent has volunteered to pay a sum of Rs.10,000/- to the common pool of the Official Liquidator towards expenses incurred by the Official Liquidator within a period of four weeks. The statement is accepted. In view of the above, the petition is dismissed as withdrawn reserving the liberty of the petitioner to seek revival of the petition and to initiate such other action as may be prescribed by law for breach of the undertaking by the respondent. Petition is disposed of. The order dated 27.01.2014 is recalled. The Official Liquidator stands discharged.”
4. Since Mr. Nitin Vashisht, the Managing Director of the Respondent- Company had failed to honour the undertaking, vide order dated 2nd December, 2015, his personal presence was directed by the Court. Pursuant thereto, bailable warrants were issued on several occasions including by orders dated 13th March, 2018 and 1st September, 2022.
5. On 5th April, 2023, ld. Counsel for Contemner No.2 - Mr. Nitin Vashisht, had appeared and said that he would present on the next date, however, he was again not present. On 4th July, 2023, Mr. Nitin Vashisht, the Managing Director of the Respondent-Company appeared virtually before the Court and his statement was recorded which reads as under:-
7. The Court came to the conclusion that Mr. Nitin Vashisht is prima facie guilty of contempt. Consequently, Mr. Vashisht was barred from leaving Delhi. The SDM was also directed to conduct an enquiry into his assets.
8. Today, it is submitted by both the ld. Counsel Mr. Harsh Buch and Mr. Mayank Aggarwal that the amount of Rs.8,75,000/- which is the outstanding amount, has now been received by the Petitioner from Mr. Nitin Vashisht, the Managing Director of the Respondent-Company and the said amount has been encashed on 6th September, 2023. Ms. Nakra, ld. Counsel has handed over the report to show that Mr. Nitin Vashisht, the Managing Director of the Respondent-Company was duly served the bailable warrants.
9. The above facts would show that Mr. Nitin Vashisht, the Managing Director of the Respondent-Company has defied the undertaking given to the Court with complete brazenness as is evident from the facts and only when stringent directions were issued, he sought to be pay the amounts and honour the undertakings. Accordingly, it is directed that Mr. Vashisht shall deposit a sum of Rs.25,000/- with the Delhi High Court Legal Service Committee subject to which the contempt notice is discharged. The bank details of the DHCLSC are as under:- Name of the Bank: UCO Bank. Branch: Delhi High Court. Account No. 15530110008386 IFS Code:- UCBA0001553
10. The Petitioner does not wish to press the contempt petition any further.
11. The present contempt petition is disposed of, subject to the above deposit. All pending applications are disposed of.
PRATHIBA M. SINGH JUDGE OCTOBER 16, 2023/Mr/AM