The Vaish Co-Operative Adarsh ... vs Sh.V.K.Soin
2009 Latest Caselaw 1056 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                CCP No.48/2009 in CS(OS) No.180/1997

%                     Date of Decision: 30.03.2009

The Vaish Co-Operative Adarsh Bank Ltd              .... Petitioner
                    Through Ms.Gagan Gupta, Advocate.

                                Versus

Sh.V.K.Soin                                             .... Respondent

                     Through Ms.Rekha Palli, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.   Whether reporters of Local papers may be               YES
     allowed to see the judgment?
2.   To be referred to the reporter or not?                 NO
3.   Whether the judgment should be reported in             NO
     the Digest?

ANIL KUMAR, J.

*

The learned counsel for the respondent states that the cheque

could not be encashed on account of some doubt about the signatures

of the judgment debtor raised by the bank without intimation to the

judgment debtor.

The learned counsel has also produced a copy of the letter from

the bank dated 28th March, 2009 stipulating that M/s.Pushpa Builder

is maintaining the current account with the branch. The said cheque

No.6640 for Rs.7 lakhs issued in favour of Vaish Cooperative Adarsh

Bank Ltd was returned earlier on account of signatures not tallied. The

bankers have now stated that the same will be cleared in case it is

presented. The letter is taken on record. The petitioner is permitted to

encash the cheque.

Considering the facts and circumstances, there is no willful or

deliberate violation of any of the orders passed by this Court. The

contempt petition is, therefore, dismissed and the contempt notice

issued to the respondent/contemnor is withdrawn.

The petition is disposed of.

MARCH 30, 2009                                    ANIL KUMAR, J.
"K"