Ashish Kundra and Anr v. A.B. Grain Spirits Pvt. Ltd and Ors

Delhi High Court · 11 Jul 2023 · 2023:DHC:4769-DB
Sanjeev Sachdeva; Manoj Jain
CONT.APP.(C) 25/2023
2023:DHC:4769-DB
civil appeal_allowed

AI Summary

The Delhi High Court disposed of contempt appeals on the basis of a settlement and assurance of payment, setting aside the contempt order subject to compliance.

Full Text
Translation output
Neutral Citation Number 2023:DHC:4769-DB
CONT.APP.(C) 25/2023
& other connected matters HIGH COURT OF DELHI
Date of Decision: 11th July, 2023
CONT.APP.(C) 25/2023 & CAV 286/2023 & CM APPLs.
28878-28881/2023 MR. ASHISH KUNDRA AND ANR ..... Appellants
VERSUS
A.B.GRAIN SPIRITS PVT. LTD AND ORS ..... Respondents
CONT.APP.(C) 26/2023 & CM APPLs. 29110-29113/2023
ASHISH KUNDRA AND ANR ..... Appellants
VERSUS
METRO TRANSIT PVT. LTD AND ORS ..... Respondents
CONT.APP.(C) 27/2023 & CM APPLs. 29117-29120/2023
MR. ASHISH KUNDRA AND ANR ..... Appellants
VERSUS
M/S ANTONY ROAD TRANSPORT SOLUTIONS PRIVATE LIMITED AND ORS ..... Respondents
CONT.APP.(C) 28/2023 & CM APPLs. 30892-30894/2023
MR. MANISH KUMAR GUPTA ..... Appellant
CONT.APP.(C) 29/2023 & CM APPL. 30938-30940/2023
MR. NARESH KUMAR ..... Appellant
VERSUS
A.B. GRAIN SPIRITS PVT. LTD AND ORS ..... Respondents
CONT.APP.(C) 30/2023 & CM APPLs. 30944-30946/2023
MR. NARESH KUMAR ..... Appellant
VERSUS
CONT.APP.(C) 31/2023 & CM APPL. 31069-31071/2023
VERSUS
ANTONY ROAD TRANSPORT SOLUTIONS PVT. LTD.
AND ORS ..... Respondents
CONT.APP.(C) 32/2023 & CM APPLs. 31075-31077/2023
NARESH KUMAR ..... Appellant ANTONY ROAD TRANSPORT SOLUTIONS PVT. LTD.
AND ORS ..... Respondents
CONT.APP.(C) 33/2023 & CM APPLs. 31078-31080/2023
VERSUS
A.B. GRAIN SPIRITS PVT. LTD. AND ORS..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Gaurab Banerji, Sr. Advocate with
Mr. Satyakam, ASC.
.
For the Respondents: Mr. Ankit Virmani, Mr. Anunay Mehta and
Ms.Malvika Arya, Advocates in
CONT.APP.(C) 25/2023 and
CONT.APP.(C) 29/2023
Mr. Sushil Dutt Salwan, Sr. Advocate with Mr. Aditya Garg and Mr. Arjun Garg, Advocates in CONT.APP.(C) 26/
2023, CONT.APP.(C) 27/2023, CONT.APP.(C) 28/2023, CONT.APP.(C)
30/2023, CONT.APP.(C) 31/2023, CONT.APP.(C) 32/2023
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J.
(ORAL)

1. Appellants impugn order dated 21.04.2023, whereby, learned Single Judge has held the appellant guilty of contempt for willful disobedience of order dated 06.12.2017 in respective writ petitions filed by respondents.

2. Learned senior counsel appearing for the appellants submits that the learned Single Judge has erred in holding the appellants guilty of contempt. He, however, without prejudice, submits that a settlement has been arrived at between the parties and appellants have agreed to pay certain amounts as agreed between the parties and recorded in Minutes of meeting dated 06.07.2023 held between the Principal Secretary-cum-Commissioner, Transport with the respondents. Minutes of meeting dated 06.07.2023 have been produced in Court. The same are taken on record.

3. Learned senior counsel for respondents submits that in view of the settlement arrived at between the parties and the assurance given that the amount shall be paid within 48 hours from now, he has instructions not to press the contempt petition and on payment of the amount, withdraw the contempt petition.

4. In view of the above, the appeals are disposed of on the assurance given by the appellants that the amount shall be paid within 48 hours from now.

5. It is directed that in case the respective amount, as agreed upon in the Minutes of meeting dated 06.07.2023, is paid on or before the end of working hours of 13.07.2023, the petitions which are listed before the learned Single Judge on 14.07.2023, shall be deemed to have been dismissed as withdrawn and the impugned order dated 21.04.2023 set aside with the consent of the parties. However, in case the amount is not paid as assured, respondents would be at liberty to proceed further with the contempt proceedings in accordance with law.

SANJEEV SACHDEVA, J MANOJ JAIN, J JULY 11, 2023