Kiran Bala v. Subhash Sahni

Delhi High Court · 23 Nov 2021 · 2021:DHC:4447
Prathiba M. Singh
CM(M)1253/2019
2021:DHC:4447
civil petition_dismissed

AI Summary

The Delhi High Court dismissed contempt petitions arising from non-payment of maintenance and filing of suits after mediation failure, holding that pursuing legal remedies post-mediation failure does not constitute contempt.

Full Text
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$-2,3 &4 HIGH COURT OF DELHI CM(M)1253/2019and CM APPLs.38214/2019,24763/2021
KIRAN BALA
Through:
VERSUS
Petitioner Mr. Sanjeev Sindhwani, Sr. Advocate with Mr. Vatsal Kumar, Ms. Anita Sarswat, Advocates. (M:
9051495434,9811554435)
SUBHASH SAHNI& ORS
Through:
WITH
Respondents Mr. Jitin Sahni, Advocate for R-1&
2(M:9711267999) ' Mr. Dev Rishi & Mr. Rohit Puri, Advocates(M:9910919225)
Ms.Kanchan Semwal,Advocate for R-3(M:9650279943)
CONT.CAS(C)621/2020
MISS KIRAN BALA Petitioner
Through: Mr. Sanjeev Sindhwani, Sr. Advocate
VERSUS
SH.SUBHASH SAHNI & ORS. Respondents
Through: Mr. Jitin Sahni, Advocate for R-1& 2(M:9711267999)
Ms. Kanchan Semwal, Advocate for 'R-3(M:9650279943)
AND
CONT.CAS(C)691/2020
SUBHASH SAimi & ANR. Petitioners 2021:DHC:4447
Through:
•r
KIRAN BALA
VERSUS
Through:
Mr. Jitin Sahni, Advocate for P-1& 2(M:9711267999)
Ms. Kanchan Semwal, Advocate for P-3(M:9650279943)
Respondent Mr. Sanjeev Sindhwani, Sr. Advocate
CORAM:
JUSTICEPRATHIBA M.SINGH
ORDER o/o 23.11.2021
JUDGMENT

1. This hearing has been done in physical Court. Hybrid mode is permitted in eases wherepennissionis beingsoughtfromthe Court. CONT.CASCCl621/2020

2. This is a contempt petition alleging contempt ofthe order dated 28 November,2019,passed bythis Court.The allegation isthatthesum ofRs. 15000/- as directed by this court,vide order dated 28^'^ November,2019 m CM(M)1253/2019,is notbeing paid by the RespondentNos.1,[2] and3to thePetitioner as an ad-hoe maintenance amount.

3 Atthatstage,mediation wasbeingattempted betweenthe partiesand the directionsto pay the monthly sum wasgiven.Thereafter,the mediation has failed and the Petitioner has also filed a suit seeking reliefs qua the immoveableproperty whichisthesubjectmatterofthemain petition.Thus, nofurtherdirectionswereissuedforcontinuingthesaidpayment.Therefore, the contemptcase is closed as being infructuous. ir

4. Accordingly,contempt petition is disposed of. CONT.CAS(C)691/2020

5. The present eontempt petition has been filed by the Petitioners alleging eontempt ofthe order dated Mareh 2020,passed by this eourt,by the Respondent, Ms.Kiran Bala. The said order reeords that all parties shall refrain from filing any further eriminal or civil cases during the pendency of the mediation proceedings. However, a suit had been filed by Ms. Kiran Bala before the District Judge,Tis Hazari Courts,for cancellation ofthe sale deed dated 9'*^ Deeember 1998, in respect of property bearing no. 114, Shankar Road Market, New Rajinder Nagar, New Delhi- 110060. An additional allegation is that some forged bank aceount statements have been filed by Ms.Kiran Bala in her suit before the Trial Court.

6. Since the mediation proceedings had failed between the parties, Ms. Kiran Bala has taken reeourse to a legal remedy,which cannot be held to be eontempt.

7. Aceordingly,the eontempt petition is disposed of. CMriVD 1253/2019 and CM APPLs.38214/2019,24763/2021

8. Arguments have been heard in part.

9. List on 24'*^ November,2021. f/UxJjoJH.. PRATHIBA M.SINGH,J. "November23,2{S2\/Aman/AD