Aroon Purie vs Murari Lal Sharma & Ors
2018 Latest Caselaw 5673 Del

#59

        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Judgment delivered on: 18.09.2018

CONT.CAS(C) 711/2018
AROON PURIE                                         ..... Petitioner


                             versus




MURARI LAL SHARMA & ORS                             ..... Respondents

Advocates who appeared in this case:
For the Petitioner  : Mr. Kirti Uppal, Sr. Advocate and Mr. B.B. Gupta, Sr. Advocate with
                      Mr. Setu Niket, Mr. Puneet Jain, Ms. Esha Mazumdar and Mr. Saksham
                      Ahuja, Advocates
For the Respondents : Mr. Arjun Mitra, Ms. Malvika Trivedi and Ms. Jaskaran Kaur,
                      Advocates for R-1 to R-3



CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

                                 JUDGMENT

SIDDHARTH MRIDUL, J (ORAL)

CM APPL.38283/2018 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

CONT.CAS.(C) 711/2018 & CM APPL.38282/2018 (Interim Relief)

1. The present petition under Section 10 of the Contempt of Courts Act, 1971 has been instituted on behalf of the petitioner, praying as follows:-

"A. Summon and punish the respondents/Contemnors for wilful disobedience of the order dated 22.08.2017 in W.P.(C) No.7190 of 2017 passed by this Hon'ble Court;

B. Any other or further order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be passed/issued in favour of the petitioner and against the respondents."

2. Mr. Kirti Uppal and Mr. B.B. Gupta, learned Senior Counsel appearing on behalf of the petitioner, on instructions state that, they are in occupation of property bearing No.K-9, Connaught Place, New Delhi and are aggrieved by the circumstance that, despite directions issued by this Court vide order dated 22.08.2018 in W.P.(C) 7190/2017, titled as 'Aroon Purie vs. New Delhi Municipal Council & Anr.', the respondents have willfully violated the same by issuing a property tax bill without passing a fresh assessment order in this behalf.

3. Mr. Arjun Mitra, learned counsel appearing on behalf of New Delhi Municipal Council states that, in compliance with the directions of this Court vide the said order dated 27.08.2018, fresh proceedings in relation to the petitioner's property is currently underway and that, the competent authority i.e. the Joint Director (Tax), shall determine the same, in accordance with

law, after affording adequate opportunity to the petitioner of being heard, expeditiously and preferably within a period of two months from today.

4. Directed accordingly.

5. With the above directions, the contempt petition is disposed of. The pending application also stands disposed of.

6. Needless to state that, the competent authority shall determine the assessment of tax, without granting any unwarranted adjournments to the parties.

SIDDHARTH MRIDUL (JUDGE)

SEPTEMBER 18, 2018 dn