Kuldeep Singh Dabas v. Amit Singla and Ors.

Delhi High Court · 19 Sep 2022 · 2022:DHC:3781-DB
Sanjeev Sachdeva; Tushar Rao Gedela
CONT.CAS(C) 1003/2022
2022:DHC:3781-DB
civil petition_dismissed

AI Summary

The Delhi High Court dismissed the petition alleging wilful default of a no-recovery order, holding that an inadvertent error promptly rectified does not constitute wilful default.

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CONT.CAS(C) 1003/2022
HIGH COURT OF DELHI
JUDGMENT
delivered on: 19th September, 2022
CONT.CAS(C) 1003/2022 & CM. APPL. 41319/2022
KULDEEP SINGH DABAS .....Petitioner
versus
AMIT SINGLA AND ORS. ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Sourabh Ahuja, Advocate
For the Respondent: Mrs. Avnish Ahlawat, Standing Counsel, GNCTD with Mrs. Tania Ahlawat, Mr. Uday Singh Ahlawat, Ms. Palak Rohmetra and Ms. Aliza Alam, Advocates.
CORAM:-
HON’BLE MR JUSTICESANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J (Oral)

1. Petitioner seeks initiation of proceedings against the respondents for wilful default of order dated 08.08.2022.

2. Learned counsel for petitioner submits that by order dated 08.08.2022, it was specifically directed that no further recovery shall be made from the petitioner, however, from the salary paid in 2022:DHC:3781-DB CONT.CAS(C) 1003/2022 September, a recovery of Rs.15,187/- has been made.

3. Learned counsel appearing for respondent on advance notice submits that the same was an inadvertent error on account of miscommunication of the order of this Court. She submits that she has received instructions that the said amount is being refunded to the petitioner in the salary of the next month and thereafter, no recovery shall be made except in accordance with the orders passed by this Court.

4. The statement is taken on record.

5. In view of the above, no further orders are called for in this petition. Accordingly, the petition is disposed of.

SANJEEV SACHDEVA, J. TUSHAR RAO GEDELA, J. SEPTEMBER 19, 2022 NA