Jeet Nath vs Govind Ram Bafna & Anr
2022 Latest Caselaw 1263 Del

Citation : 2022 Latest Caselaw 1263 Del
Judgement Date : 28 April, 2022

Delhi High Court

Jeet Nath vs Govind Ram Bafna & Anr on 28 April, 2022

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*        IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                       Date of decision: 28th April, 2022
+        CONT.CAS(C) 1067/2019
         JEET NATH                                            ..... Petitioner
                     Through: Mr. Prabhakar, Advocate
                     versus
         GOVIND RAM BAFNA & ANR                .... Respondents
                             Through:      Ms. Ritu Jain, Advocates
                                           Ms. Prachi Johri, Advocate for
                                           Resolution Professional
+        CONT.CAS(C) 1068/2019
         BHOLA NATH LAL                                       ..... Petitioner
                             Through:      Mr. Prabhakar, Advocate
                             versus
         GOVIND RAM BAFNA & ANR                               .... Respondents
                             Through:      Ms. Ritu Jain, Advocates
                                           Ms. Prachi Johri, Advocate for
                                           Resolution Professional
         CORAM:
         HON'BLE MR. JUSTICE SURESH KUMAR KAIT
         HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

                            J U D G M E N T (oral)

1. By way of this common order, we hereby dispose of two contempt

cases.

2. Vide the present contempt cases, the petitioners are seeking initiation

of Contempt of Court proceedings against the respondents for not complying

and/or violating the order dated 22.11.2018 and 02.05.2019 passed by the

Co-ordinate Bench of this Court in LPA No.532/2018 & LPA No.534/2018

and direction to respondents to comply with the aforesaid orders, their

personal appearance on the next date of hearing and to reimburse the

expenses incurred by the petitioner to file this contempt petition before this

Court.

3. Ms. Ritu Jain, learned counsel accepts notice on behalf of

respondents.

4. Learned counsel for respondents has drawn attention of this Court to

the order dated 10.07.2019 passed by Co-ordinate Bench of this Court

wherein it was recorded that counsel for the respondents submits that the

salary was paid only yesterday, i.e. 09.07.2019, whereas present cases were

filed on 21.11.2019. Since the directions passed by this Court were already

complied with before filing the present contempt cases, therefore, no

contempt is made out against the respondent.

5. At this stage, learned counsel for petitioners submits that after July

2019, salary was not paid to the petitioners, therefore, being aggrieved by

the acts of the respondents, they filed the present contempt cases in the

month of November, 2019.

6. Learned counsel for respondents has drawn the attention of this Court

to the order dated 18.02.2020 passed by Co-ordinate Bench of this Court in

LPA 532-34/2018 which is as under:

"1. The Respondent - Bhola Nath Lai (LPA 532/2018) is present in Court. We have interacted with him. In response to our query, he states that he is 62 years of age. The age of superannuation in the Appellant Company is 60 years. That being the position, there was no question of directing his reinstatement and even if he were to succeed, he may be entitled to arrears. In view of the aforesaid, the Appellant is not obliged to take services from Bhola Nath Lal any longer.

2. Learned counsel for the Appellant states that she has brought the amount of Rs. 76,110/- towards salary for November, 2019 to December, 2019 and January, 2020 in respect of all the three Respondents. The said amount has been tendered to the learned counsel for the Respondent who should distribute the same between the three Respondents.

3. The other two Respondents i.e. Ram Sagar (LPA 533/2018) and Jeetnath (LPA 534/2018) are also present in Court. We have interacted with them Jeetnath states that he has a daughter who is 40 years of age. Our impression is that he is above 60 years. However, he states that he is 57 years of age. The other Respondent - Ram Sagar states that is 54 years old. He states that he has two children who are 20 and 17 years respectively. We direct both these Respondents to file an affidavit within four weeks, placing on record the birth certificates of their children; the Election Cards and the Aadhar Cards of their respective children, apart from the other proofs of their own ages respectively. They shall also undergo their respective Bone age Test at AIIMS. For that purpose, they shall present themselves before the Director - AIIMS on 17.03.2020. Copy of this order be communicated to the Respondents and

the Director - AIIMS for compliance. The report of AIIMS should be sent to this Court before the next date.