ANU BALHA & ORS. Vs ICICI HOME FINANCE COMPANY LTD & ORS. -Judgment by Delhi High Court
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: January 13, 2023
+ CONT.APP.(C) 2/2023 & CM APPL. 1622-1623/2023
ANU BALHA & ORS. …. Appellants
Through: Mr. Manish Sharma, Mr. Bhuwan Gugnani and Mr. Ninad Dogra, Advocates
versus
ICICI HOME FINANCE COMPANY LTD & ORS. …. Respondents
Through: Mr. Amarjit Singh Bedi, Mr. Varun Chandiok, Ms. Riya Seth, Advocates for R-2
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. Vide the present appeal, the appellant is seeking following relief(s):
�a. Set aside and Quash the Order dated 08/12/2022 passed by the Learned Single Judge in CS (OS) (Comm) No. 1336 of 2016;
b. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.�
2. Vide the impugned order dated 08.12.2022 in CS (COMM) 1336/2016, the learned Single Judge found that defendant Nos.1 to 6 had not complied with the order dated 18.07.2019 and held them to be in contempt; and issued a notice to the said defendants on the quantum of sentence.
3. The notice was accepted by defendant Nos.2 and 4 therein as they were present before the learned Single Judge and further, notice was also directed to be served on defendant Nos.1 and 3 through Managing Director/Director of the said companies and to defendant Nos.5 and 6 as well. Learned Single Judge also directed the defendant Nos.1 to 6 to file reply for quantum of punishment.
4. Needless to state that the learned Single Judge shall pass further order after taking into consideration the reply filed by the defendants as mentioned above as CS(COMM) 1336/2016 is already listed before the learned Single Judge on 20.01.2023. Therefore, at this stage, the present contempt appeal is pre-mature and the same is, accordingly, dismissed.
5. Pending applications also stand disposed of.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
JANUARY 13, 2023/rk
Neutral Citation Number: 2023/DHC/000290
CONT.APP.(C) 2/2023 Page 2 of 2