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Mr. Ashish Kundra And Anr vs A.B.Grain Spirits Pvt. Ltd And Ors
2023 Latest Caselaw 1102 Del

Citation : 2023 Latest Caselaw 1102 Del
Judgement Date : 11 July, 2023

Delhi High Court
Mr. Ashish Kundra And Anr vs A.B.Grain Spirits Pvt. Ltd And Ors on 11 July, 2023
                          Neutral Citation Number 2023:DHC:4769-DB

                          $~35 to 43

                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                    Date of decision: 11th July, 2023

                          35
                          +         CONT.APP.(C) 25/2023 & CAV 286/2023 & CM APPLs.
                                    28878-28881/2023
                                    MR. ASHISH KUNDRA AND ANR                     ..... Appellants
                                                      versus
                                    A.B.GRAIN SPIRITS PVT. LTD AND ORS ..... Respondents
                          36
                          +         CONT.APP.(C) 26/2023 & CM APPLs. 29110-29113/2023
                                    ASHISH KUNDRA AND ANR                         ..... Appellants
                                                      versus
                                    METRO TRANSIT PVT. LTD AND ORS                   ..... Respondents
                          37
                          +         CONT.APP.(C) 27/2023 & CM APPLs. 29117-29120/2023
                                    MR. ASHISH KUNDRA AND ANR                      ..... Appellants
                                                      versus
                                    M/S ANTONY ROAD TRANSPORT SOLUTIONS PRIVATE
                                    LIMITED AND ORS               ..... Respondents
                          38
                          +         CONT.APP.(C) 28/2023 & CM APPLs. 30892-30894/2023
                                    MR. MANISH KUMAR GUPTA                        ..... Appellant
                                                      versus



Signature Not Verified
Digitally Signed
                          CONT.APP.(C) 25/2023                                                  Page 1 of 5
By:SONIA THAPLIYAL        & other connected matters
Signing Date:13.07.2023
17:20:48
                           Neutral Citation Number 2023:DHC:4769-DB



                                    METRO TRANSIT PVT. LTD AND ORS ..... Respondents
                          39
                          +         CONT.APP.(C) 29/2023 & CM APPL. 30938-30940/2023
                                    MR. NARESH KUMAR                     ..... Appellant
                                                      versus
                                    A.B. GRAIN SPIRITS PVT. LTD AND ORS ..... Respondents
                          40
                          +         CONT.APP.(C) 30/2023 & CM APPLs. 30944-30946/2023
                                    MR. NARESH KUMAR                     ..... Appellant
                                                      versus
                                    METRO TRANSIT PVT. LTD AND ORS ..... Respondents
                          41
                          +         CONT.APP.(C) 31/2023 & CM APPL. 31069-31071/2023


                                    MR. MANISH KUMAR GUPTA               ..... Appellant
                                                      versus
                                    ANTONY ROAD TRANSPORT SOLUTIONS PVT. LTD.
                                    AND ORS                      ..... Respondents
                          42
                          +         CONT.APP.(C) 32/2023 & CM APPLs. 31075-31077/2023


                                    NARESH KUMAR                         ..... Appellant
                                                      versus


Signature Not Verified
Digitally Signed
                          CONT.APP.(C) 25/2023                                         Page 2 of 5
By:SONIA THAPLIYAL        & other connected matters
Signing Date:13.07.2023
17:20:48
                           Neutral Citation Number 2023:DHC:4769-DB

                                    ANTONY ROAD TRANSPORT SOLUTIONS PVT. LTD.
                                    AND ORS                      ..... Respondents
                          43
                          +         CONT.APP.(C) 33/2023 & CM APPLs. 31078-31080/2023
                                    MR. MANISH KUMAR GUPTA                    ..... Appellant
                                                      versus
                                    A.B. GRAIN SPIRITS PVT. LTD. AND ORS..... Respondents


                          Advocates who appeared in this case:

                           For the Petitioner:        Mr. Gaurab Banerji, Sr. Advocate with
                                                      Mr. Satyakam, ASC.
                          .
                          For the Respondents:        Mr. Ankit Virmani, Mr. Anunay Mehta and
                                                      Ms.Malvika Arya, Advocates in
                                                      CONT.APP.(C) 25/2023 and
                                                      CONT.APP.(C) 29/2023
                                                       Mr. Sushil Dutt Salwan, Sr. Advocate
                                                      with Mr. Aditya Garg and Mr. Arjun
                                                      Garg, Advocates in CONT.APP.(C) 26/
                                                      2023,      CONT.APP.(C)      27/2023,
                                                      CONT.APP.(C) 28/2023, CONT.APP.(C)
                                                      30/2023,    CONT.APP.(C)     31/2023,
                                                      CONT.APP.(C) 32/2023
                          CORAM:-
                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN
                                        JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Appellants impugn order dated 21.04.2023, whereby, learned

Signature Not Verified Digitally Signed

By:SONIA THAPLIYAL & other connected matters Signing Date:13.07.2023 17:20:48 Neutral Citation Number 2023:DHC:4769-DB

Single Judge has held the appellant guilty of contempt for willful disobedience of order dated 06.12.2017 in respective writ petitions filed by respondents.

2. Learned senior counsel appearing for the appellants submits that the learned Single Judge has erred in holding the appellants guilty of contempt. He, however, without prejudice, submits that a settlement has been arrived at between the parties and appellants have agreed to pay certain amounts as agreed between the parties and recorded in Minutes of meeting dated 06.07.2023 held between the Principal Secretary-cum-Commissioner, Transport with the respondents. Minutes of meeting dated 06.07.2023 have been produced in Court. The same are taken on record.

3. Learned senior counsel for respondents submits that in view of the settlement arrived at between the parties and the assurance given that the amount shall be paid within 48 hours from now, he has instructions not to press the contempt petition and on payment of the amount, withdraw the contempt petition.

4. In view of the above, the appeals are disposed of on the assurance given by the appellants that the amount shall be paid within 48 hours from now.

5. It is directed that in case the respective amount, as agreed upon in the Minutes of meeting dated 06.07.2023, is paid on or before the end of working hours of 13.07.2023, the petitions which are listed

Signature Not Verified Digitally Signed

By:SONIA THAPLIYAL & other connected matters Signing Date:13.07.2023 17:20:48 Neutral Citation Number 2023:DHC:4769-DB

before the learned Single Judge on 14.07.2023, shall be deemed to have been dismissed as withdrawn and the impugned order dated 21.04.2023 set aside with the consent of the parties. However, in case the amount is not paid as assured, respondents would be at liberty to proceed further with the contempt proceedings in accordance with law.

SANJEEV SACHDEVA, J

MANOJ JAIN, J

JULY 11, 2023 st

Signature Not Verified Digitally Signed

By:SONIA THAPLIYAL & other connected matters Signing Date:13.07.2023 17:20:48

 
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