Jamna Datwani v. Janak Datwani

Delhi High Court · 23 Sep 2020 · 2020:DHC:2840
Sanjeev Sachdeva
CONT.CAS(C) 263/2020
2020:DHC:2840
civil petition_dismissed

AI Summary

The Delhi High Court dismissed the petition alleging breach of payment order as payments made by a third party on behalf of the respondent were certified to comply with the court order.

Full Text
Translation output
CONT.CAS(C) 263/2020
HIGH COURT OF DELHI
JUDGMENT
delivered on: 23.09.2020
CONT.CAS(C) 263/2020
JAMNA DATWANI ..... Petitioner
versus
JANAK DATWANI ..... Respondent Advocates who appeared in this case:
For the Petitioner: Mr. Deepak Khosla, Advocate.
For the Respondent: Mr. Abhimanyu Mahajan with Ms. Anubha Goel, Ms. Tanisha Bawa and Mr. Mayank Joshi, Advocates.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CONT.CAS(C) 263/2020 &CM APPL.11489/2020 (for seeking time)

1. The hearing was conducted through video conferencing.

2. Petitioner had filed the subject petition seeking initiation of proceedings against the respondent for breach of order dated 2020:DHC:2840 02.05.2014 and judgment dated 16.05.2014, whereby, respondent was directed to pay Rs.35,000/- per month to the petitioner.

3. It is an admitted position that the respondent has cleared the entire payments. One of the issues raised by Mr. Deepak Khosla during the pendency of the petition was that several payments during the period from 2014 to 2020 had been received from a Company M/s. Fridace Engineers Pvt. Ltd. and as per the instructions of the petitioner, respondent had no concern with the said Company and as such there was no clarity as to why payments were received from M/s. Fridace Engineers Pvt. Ltd or as to whether the respondent had made the payments in terms of orders of the Court.

4. A certificate of an authorised representative duly supported by a Board Resolution dated 08.09.2020 has been filed by M/s. Fridace Engineers Pvt. Ltd. The certificate is signed by its Director Mr. Ramesh Chand Gupta certifying that payments of Rs.35,000/were made by the said Company to the petitioner between 2014 till March 2020 and said payments were made on behalf of Mr. Janak Datwani in compliance of order dated 16.05.2014, passed by the Delhi High Court in FAO(OS) 592/2013.

5. Further, it is certified that the said Company has no claim against Mrs. Jamna Datwani for payments made to her and it has also been certified that she is not a debtor in the books of the Company.

6. In view of the above, no further orders are called for in the present petition.

7. Petition is, accordingly, disposed of.

8. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.

SEPTEMBER 23, 2020 SANJEEV SACHDEVA, J st