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HIGH COURT OF DELHI
Date of Decision: February 02, 2023
ANU BALHA & ORS. ..... Appellants
Through: Mr. Amiet Andlay and Mr. Arun K.
Sharma, Advocates.
Through: Mr. Amarjeet Singh Bedi, Ms. Aditi Tuteja and Mr. Akhil Hasija, Advocates for R-2.
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
1. Allowed, subject to just exceptions.
2. The application is disposed of. CONT.APP.(C) 7/2023 & CM APPL. 5034/2023
3. An appeal under Section 19(1) of the Contempt of Courts Act, 1971 has been filed by the appellants seeking the following reliefs: “(a) Set aside and Quash the Order dated 8.12.2022 and the Order dated 20.1.2023 passed by the Learned Single Judge in CS (OS) (Comm) No. 1336 of2016; (b) Pass such other and further orders as this Han'ble Court deems fit and proper in the facts and circumstances of this case.” 2023/DHC/000762 CONT.APP.(C) 7/2023
4. Learned counsel for the appellant has assured before this Court that reply in the Contempt Petition pursuant to the directions dated 08.12.2022, shall be filed before the next date of hearing i.e. 23.02.2023. Since the reply to be considered by the learned Single Judge on quantum, therefore, the Appellant No.1 to 3 shall also remain present on the next date of hearing before the learned Single Judge.
5. We further make it clear that if the reply is not filed on the next date, the learned Single Judge shall pass the Order as per law.
6. We hereby again clarify that the Single Judge shall pass an Order on quantum after taking into consideration the reply filed by the appellant.
7. In view of the above, appeal is disposed of by staying the Order of Non Bailable Warrant issued against the appellant No.1, 2 and 3.
8. All pending applications, if any, also stands disposed of.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)
JUDGE FEBRUARY 02, 2023