Delhi High Court
M/S G.S. Berar & Co Pvt Ltd. And Anr vs M/S Trans Asian Industries ... on 11 February, 2015
Author: Hima Kohli
$~38.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CCP(O) 15/2015 in CS(OS) 2331/2008
M/S G.S. BERAR & CO PVT LTD. AND ANR ..... Petitioners
Through: Mr. Saurabh Prakash, Advocate
versus
M/S TRANS ASIAN INDUSTRIES EXPOSITIONS PVT. LTD.
..... Respondent
Through: Mr. Mukesh Anand, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 11.02.2015
1. The present contempt petition has been filed by the petitioners
[plaintiffs in CS(OS) 2331/2008] praying inter alia that contempt of
court proceedings be initiated against the respondent for disobeying
the orders dated 07.09.2012 and 13.05.2014 passed in CS(OS)
2331/2008.
2. Mr. Saurabh Prakash, learned counsel for the petitioners submits
that vide order dated 07.09.2012, the respondent was directed to
tender use and occupation charges of the suit premises on a monthly
basis, to be paid on or before the 10th day of each calendar month.
However, the respondent has failed to pay the rent for the months of
January and February, 2015. He further states that on 13.05.2014,
counsel for the respondent had stated that they would pay a sum of
`7,50,000/- as rentals w.e.f. 01.05.2014, but the arrears to the tune
of `2 lacs for the month of May, 2014 have not been tendered to his
clients till date.
3. Mr. Mukesh Anand, learned counsel for the respondent had
entered appearance when the case was called in the first round and he
had stated on instructions that the respondent had deposited the use
and occupation charges for the month of January, 2015 in the account
of the petitioners only yesterday. As the counsel for the petitioners
was unaware of this development, at the joint request of the counsels
for the parties, the matter was passed over to enable them to obtain
clear instructions.
4. On the second call, Mr. Anand hands over a photocopy of the
pay-in-slips in respect of the amounts deposited by the respondent in
the account of the petitioners and he states that a sum of `8,90,000/-
(less TDS) has been deposited by the respondent only yesterday
towards use and occupation charges of the suit premises in CS(OS)
2331/2008 and 2330/2008, for the month of January, 2015. He
states that his client is willing to pay interest on account of late
payment.
5. Interest on the aforesaid amount shall be paid by the defendant
@11% per annum w.e.f. 11.01.2015, till the same is tendered to the
petitioners.
6. As for the use and occupation charges for the month of
February, 2015, Mr. Anand states the said amount shall be deposited
in the account of the petitioners within one week from today,
alongwith interest for late payment as ordered above.
7. This leaves the issue with regard to non-payment of a sum of `2
lacs to the plaintiff in terms of the order dated 13.05.2014. Mr. Anand
states that if the said amount is outstanding, then his client shall
deposit the same in the account of the petitioners within two weeks,
alongwith interest @11%, in terms of the order passed on 13.05.2014.
8. In view of the aforesaid submission, the present contempt
petition is disposed of. However, the respondent is cautioned to be
more careful in future in complying with the order dated 07.09.2012.
If the respondent defaults in making the payments as
directed/undertaken above, the petitioner shall be entitled to seek
revival of the present petition.
HIMA KOHLI, J
FEBRUARY 11, 2015
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