IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. ________ OF 2023.

IN

CONT. CAS(C) NO. XXXXX.

IN THE MATTER OF:-

XXXXX                                                                                                    : PETITIONER

VERSUS

XXXXX                                                                                                    : RESPONDENTS

INDEX

APPLICANT/RESPONDENT NO.4

DELHI

DATED                 THROUGH

XXXXX

(Advocate)

XXXXX

XXXXX

Email: XXXXX

Mob. +91-XXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. ________ OF 2023.

IN

CONT. CAS(C) NO. XXXXX.

IN THE MATTER OF:-

XXXXX                                                                                                  : PETITIONER

VERSUS

XXXXX                                                                                                  : RESPONDENTS

URGENT APPLICATION

To,

The Hon'ble Joint Registrar,

Hon’ble High Court of Delhi,

New Delhi.

Sir,

          Will you kindly treat the accompanying I.A. Application as urgent one in accordance with the provision of as per the Delhi High Court rules and regulations and orders.

The grounds of urgency are as set out in the accompanying application. Kindly treat the accompanying application seeking direction to the Respondent no.3 to comply the order dated 16.10.2013 passed by this Hon’ble Court.

APPLICANT/RESPONDENT NO.4

DELHI

DATED                 THROUGH

XXXXX

(Advocate)

XXXXX

XXXXX

Email: XXXXX

Mob. +91-XXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. ________ OF 2023.

IN

CONT. CAS(C) NO. XXXXX.

IN THE MATTER OF:-

XXXXX                                              : PETITIONER

VERSUS

XXXXX                                              : RESPONDENTS

NOTICE OF MOTION

To,

TAKE NOTICE that the accompanying I.A. Application will be listed before Court on …11.2023 at 10:30 a.m. or so soon thereafter as may be convenient to the Court.

APPLICANT/RESPONDENT NO.4

DELHI

DATED                 THROUGH

XXXXX

(Advocate)

XXXXX

XXXXX

Email: XXXXX

Mob. +91-XXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. ________ OF 2023.

IN

CONT. CAS(C) NO. XXXXX.

IN THE MATTER OF:-

XXXXX                                                                                                  : PETITIONER

VERSUS

XXXXX                                                                                                  : RESPONDENTS

APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT NO.4 ISSUANCE OF NECESSARY DIRECTION TO THE RESPONDENT NO.3 TO COMPLY THE ORDER DATED 16.10.2023 PASSED BY THIS HON’BLE COURT.

MOST RESPECTFULLY SHOWETH:-

1.              That the aforesaid Civil Contempt filed by the Petitioner against the Respondents and this Hon’ble Court hold the Respondent no.3 guilty of contempt for intentionally and malafidely violating the orders dated 26.04.2022 and 10.11.2022 and undertaking in its order dated 03.10.2023.

2.              That the Petitioner filed the present contempt petition before the Hon’ble Delhi High Court against the Respondent no. 3 and 4 attributing illegality to the Respondent no. 3 and 4. But the Respondent no.4 had no adverse role in the said matter and he never violated any undertaking or any injunction order of the Hon’ble Court. It was only the Respondent no. 3 who had delivered the possession to the Respondent no.4 under the said sale deed. Therefore, the Hon’ble High Court absolved the Respondent no.4 from the contempt matter, but directed the Respondent no. 3 and 4 to restore the occupation of Petitioner with respect to the property in question.

3.              That complying with the direction of the Hon’ble High Court of Delhi, the occupation of the Petitioner was restored on 03.10.2023.

4.              That the respondent no.3 filed the CM Application before this Hon’ble Court seeking recall the order dated 03.10.2023. This Hon’ble Court vide order dated 16.10.2023 direction has been issued to the respondent no.3 that the respondent no.3 shall pay 75% of the EMI to the Bank Account of Hero Fincorp Ltd. directly and 25% shall be paid by the Applicant / respondent no.4. The operating portion of the said order is reproduce herein for the convenience of this Hon’ble Court:-

“10. In the meanwhile, there is an EMI of about 5.75 Lakhs payable per month on the loan of 5.05 crores taken by the respondent no.4. in order to prevent respondent no.3 from putting a premium on his misrepresentation, it is directed that without prejudice to the rights and contentions of the parties, the respondent no.3 shall pay 75 per cent of the EMI to the Bank Account No. XXXXX of Hero Fincorp Ltd. directly and 25 per cent shall be paid by respondent no.4 till the next date of hearing.

4. These payments shall be without prejudice to the rights of respondent no.4”

Copy of the order dated 16.10.2023 is annexed to this application as Annexure R-1.

5.              That in compliance of the same Applicant has paid his part of the loan amount of 25% which is amount of Rs.1,43,496/-, as per direction by this Hon’ble Court vide order dated 16.10.2023, but the Respondent no.3 till date didn’t comply the same and not paid his part of loan amount of 75% to the Bank, resulting of which the bank sent the letter / mail to the Respondent no.4 on 07.11.2023 and stated that payment of EMI of each and every month was to be made by 3^rd of every month, however neither Respondent no.3 have made the full payment of EMI for the month of Nov. 2023 nor Respondent no.3 made the said payment as directed by Hon’ble Court till date, bank has only received an amount of Rs. XXX/- in the said loan account as in EMI for the month of Nov. 2023, in the absence of any non-payment or late payment of any of monthly EMIs may entail penalty or it may be classified as default on the part of Respondent no.4 of the said loan account.

Copy of the same is annexed to this application as Annexure R-2(colly).

6.              That the Respondent no.3 intentionally and malafidely didn’t paid his part of EMI despite the direction of this Hon’ble Court.

7.              In view of the facts and submissions as mentioned as mentioned hereinabove, Applicant pressing need for urgent hearing and directed the respondent no.3 to comply the direction of order dated 16.10.2023 passed by this Hon’ble Court otherwise Bank classified the account of the respondent no.3.

PRAYER

          It is therefore, in light of the above said circumstances, most humbly prayed before this Hon’ble Court that this Hon’ble Court may be pleased to:

a.     Allow the present application;

b.    Direct the respondent no.3 to comply the direction of order dated 16.10.2023 passed by this Hon’ble Court and pay 75% of the EMI to the Bank Account of Hero Fincorp Ltd. directly, in the interest of justice;

OR

c.     Direct the Respondent no.3 to pay the penalty of delay of EMI to the Bank directly (if any).

d.    Pass any other order(s) may be passed as this Hon’ble Court may deem fit.

APPLICANT/RESPONDENT NO.4

DELHI

DATED                 THROUGH

XXXXX

(Advocate)

XXXXX

XXXXX

Email: XXXXX

Mob. +91-XXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. ________ OF 2023.

IN

CONT. CAS(C) NO. XXXXX.

IN THE MATTER OF:-

XXXXX                                                                                              : PETITIONER

VERSUS

XXXXX                                                                                              : RESPONDENTS

AFFIDAVIT

Affidavit of XXXXX S/o XXXXX, aged about ___ years, R/o XXXXX, do hereby solemnly affirm and declare as under;-

1.          That I, the Deponent is the Respondent no.4 in the captioned petition, hence, am well conversant with the facts of the case and am competent to swear this affidavit.

2.          That the contents of the accompanying Application has been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same.

3.          That the contents of the application as well as the present affidavit have been read over to me and explained to me in vernacular language, and I hereby state and declare that the contents of the said plaint are true and correct.

DEPONENT

VERIFICATION :-

Verified at New Delhi on this ____ day of November, 2023 that the contents of the above affidavit are true and correct to my knowledge and nothing material is concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. ________ OF 2023.

IN

CONT. CAS(C) NO. XXXXX.

IN THE MATTER OF:-

XXXXX                                                                                                  : PETITIONER

VERSUS

XXXXX                                                                                                  : RESPONDENTS

APPLICATION BY AND ON BEHALF OF THE APPLICANT / RESPONDENT NO.4 UNDER SECTION 151 C.P.C. FOR EXEMPTION FROM FILING OF THE CERTIFIED, FAIR TYPED COPY OF THE DIM ANNEXURES.

MOST RESPECTFULLY SHOWETH:-

1.          That the aforementioned contempt petition has been pending before this Hon’ble Court filed by the petitioner.

2.          The Applicant has not been able to file the fair typed copies of the dim documents with the prescribed margin at this stage and is only filing true copies of the same. The respondent no.4 prays for being exempted from filing the above and undertakes to file the same within the time allowed by this Hon’ble Court.

3.          The Plaintiff by way of present application prays that he may be exempted from filing the above and undertakes to file the same as and when directed by this Hon’ble Court.

PRAYER

It is, therefore, humbly prayed that this Hon’ble Court may kindly be pleased to exempt the respondent no.4 from filing the certified copies and fair typed copes of the documents and the true copies filed herewith may kindly be considered for the disposal of the suit, in the interest of justice.

It is prayed accordingly.

APPLICANT/RESPONDENT NO.4

DELHI

DATED                 THROUGH

XXXXX

(Advocate)

XXXXX

XXXXX

Email: XXXXX

Mob. +91-XXXXX

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. ________ OF 2023.

IN

CONT. CAS(C) NO. XXXXX.

IN THE MATTER OF:-

XXXXX                                                                                              : PETITIONER

VERSUS

XXXXX                                                                                              : RESPONDENTS

AFFIDAVIT

Affidavit of XXXXX S/o XXXXX, aged about ___ years, R/o XXXXX, do hereby solemnly affirm and declare as under;-

1.              That I, the deponent, am the Respondent No.4 in the aforesaid case and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.

2.       That the contents of the accompanying Application under Sec. 151 of CPC seeking exemption from filing certified copies of the annexures have been drafted by my counsel as per my instructions and the contents of the same have been duly read over to me and after fully understanding the same and contents of the accompanying application are true and correct as per my knowledge.

                              DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of November, 2023 that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT