IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL WRIT JURISDICTION

CONT. CAS [C] No. OF 2007

IN
CS (OS) No.1444 of 1998
IN THE MATTER OF:
Shri Kranti Arora … Plaintiff

VERSUS

M/s Birla VXL Ltd. … Defendant

AND IN THE MATTER OF:

Shri Kranti Arora
S/o Om Prakash,
R/o C-1/43, Ashok Vihar Phase-II,
New Delhi. … Petitioner
VERSUS
Shri R.C. Tiwari,
Authorised Signatory
M/s Birla VXL Ltd.
(Formerly Known As VXL India Ltd.)
R/o J-1 Agrasen Apartments,
66, IP Extension, Delhi-92. … Contemnor

A PETITION FOR CONTEMPT OF COURT UNDER

SECTION 2(b) AND SECTION 12 OF THE CONTEMPT
OF COURT ACT 1971 AND ARTICLE 215 OF THE
CONSTITUTION OF INDIA FOR WILFUL
DISOBEDIENCE OF THE ORDER PASSED BY THIS
HON’BLE COURT IN I.A.No.6/2007 in CS (OS)
No.1444 of 1998 ON 01.05.2007
To

The Hon’ble Chief Justice of Delhi High Court and his

Companion Justices.

The humble Petition of the

Petitioner above-named
MOST RESPECTFULLY SHOWETH:

1. The Petitioner in the above mentioned Writ Petition is

constrained to file the present Civil Contempt Petition before this

Hon’ble Court, as the Respondent abovenamed have willfully

1
disobeyed the order of the Hon’ble Court and have not complied with

the Order passed by this Hon’ble Court on 01.05.2007 in

I.A.No.6/2007 in CS (OS) NO.1444/1998. A true copy of the

judgment and order dated 01.5.2007 is annexed hereto as

ANNEXURE-P/1.

2. The Petitioner submits that all the relevant facts and

circumstances leading to the filing of the present Petition have been

set out in detail in the accompanying suit and the same are not

being repeated herein for the sake of brevity and to avoid

unnecessary repetition. The Petitioner craves leave of this Hon’ble

Court to refer to and rely upon the same at the time of hearing for

the purpose of adjudication of the present Petition.

3. At this stage it would be pertinent to highlight certain aspects

of the litigation in I.A.No.6/2007 in CS (OS) No.1444/1998, which

have compelled the Petitioner herein to file the present contempt

Petition before this Hon’ble Court and also to apprise this Hon’ble

Court of the wrongful conduct of the Contemnors all along:

(a) It is respectfully submitted that the Suit bearing No.1444/98 is

pending before this Hon’ble Court wherein the have Petitioner

has prayed for decree of possession with regard to the Suit

Property bearing flat No.12, situated at 3-4, South End Lane,

New Delhi.

(b) The complete details of the suit are not required for the

purposes of the present Contempt Petition, however, it is

2
 necessary to rely upon the facts as stated in

I.A.No.8015/2005, which was filed by the Petitioner with the

prayer that during the pendency of the suit the Defendant

should be directed to deposit the property tax with Plaintiff or

deposit the rent as per the market value before this Hon’ble

Court.

A true copy of the I.A.No.8015/2005 is annexed hereto as

ANNEXURE-P/2.

3. This Hon’ble Court after hearing the counsel for parties in the

above I.A. was pleased to pass an interim order as follows:

“05.10.2005

Present:- Mr. Uday Kumar, Advocate for the Plaintiff

Mr. RC. Bhalla with Mr. Akhilesh
Advocate for Defendant No.1

I.A. No.8015/2005 in CS (OS) No.1444/1998

The Plaintiff has filed application seeking direction against

defendant to deposit the amount of property tax. It is not in
dispute that the defendant is in possession of the suit
property under the orders of the Apex Court and the liability
is to pay tax is thus of the defendant. Learned counsel for
the defendant, however, states that he will approach the
NDMC to get the issue of the quantum of house tax settled
and will pay the settled amount of property tax.

The application stands disposed of.

October 5, 2005 Sanjay Kishan Kaul“

4. That despite the aforesaid order, the Respondent did not take

any steps towards payment of the House Tax and the Petitioner kept

receiving the Show Cause Notices from the NDMC, to pay the House

Tax. The Show Cause Notice received by the Petitioner dated

21.06.2006 is annexed to the present Petition at ANNEXURE – P/3.

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5. The Petitioner thereafter replied to the aforesaid Show Cause

Notice through his Advocate vide their reply dated 03.07.2006. A true

copy of the reply dated 03.07.2006 is annexed herewith as ANNEXURE

– P/4 .

6. That however, the Petitioner again received a Bill bearing

No.04005 dated 23.10.2006 from the New Delhi Municipal Corporation,

demanding the House Tax. The true copy of the Bill No.04005 dated

23.10.2006 is annexed to the present Petitioner at ANNEXURE – P/5.

7. That the said notices constrained the Petitioner to move

another Application bearing I.A.No.6/2007, as the Respondents

despite giving an undertaking before this Hon’ble Court to deposit

the House Tax, did not take any steps to do that and the Petitioner

kept receiving the notices and this from N.D.M.C. time and again to

pay the House Tax. A true copy of the I.A.No.6 /2007 is annexed

hereto as ANNEXURE-P/6.

8. That the Hon’ble Court after hearing both the parties on the

aforesaid I.A. No.6/2007, was pleased to pass a time barred Order

directing Respondent to get the issue of the House Tax resolved with

N.D.M.C. authorities on or before 31.07.2007 or to pay the amount of

House Tax to the Petitioner, so that he can remit to said amount to

N.D.M.C,

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9. That despite the said time bound order as per which the

Respondent was to get the issue of the House Tax resolved with

N.D.M.C. authorities on or before 31.07.2007 or to pay the amount of

House Tax to the Petitioner, so that he can remit to said the N.D.M.C,

the Respondent did not take any steps for the compliance of the said

order.

10. That instead of complying with the said order the Respondent

moved another Application bearing I.A.No.8766/2007, seeking for

extension of time to deposit the House Tax qua the suit property till

the quantum of House Tax is decided by the Appellate Court under

Section 115 of N.D.M.C. Act. A true copy of the I.A.No.8766 /2007 is

annexed hereto as ANNEXURE-P/7.

11. The said Application came up for hearing before this Hon’ble

Court on 3rd August, 2007, where after some arguments the

Respondent withdrew his application stating that he will take

appropriate steps to get the order dated 1.5.2007 stayed. The Ld.

Judge while dismissing the application ,specifically stated that the

applicant must comply with the order dated 1.5.2007. The true copy of

the order dated 3rd August, 2007 is annexed herewith as ANNEXURE-

P/8.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to:

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[a] Issue appropriate directions to initiate contempt proceedings

against the Respondent-Contemnors for willfully disobeying

the orders dated 01.05.2007 passed by this Hon’ble Court in

I.A.No.6/2007 in CS (OS) No.1444/1998; and/or

[b] Pass such other and further order or orders as the Hon’ble

Court may deem fit and proper in the facts and circumstances

of the case.

AND FOR WHICH ACT OF KINDNESS, THE PETITIONERS,

AS IS DUTY BOUND, SHALL EVERY PRAY

FILED BY:

Namrata Chopra
Advocate
INDIAN LAW ASSOCIATES
ADVOCATES FOR THE PETITIONER
16, TODARMAL ROAD,
NEAR BENGALI MARKET
NEW DELHI -110001
New Delhi
August , 2007

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 IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT JURISDICTION
CONT. CAS [C] No. OF 2007
IN
CS (OS) No.1444 of 1998

MEMO OF PARTIES

IN THE MATTER OF:

Shri Kranti Arora

S/o Om Prakash,
R/o C-1/43, Ashok Vihar Phase-II,
New Delhi. … Plaintiff
VERSUS

M/s Birla VXL Ltd.

(Formerly Known As VXL India Ltd.)
F-45, South Extension Part,
New Delhi … Respondent

AND IN THE MATTER OF:

Shri Kranti Arora

S/o Om Prakash,
R/o C-1/43, Ashok Vihar Phase-II,
New Delhi. … Petitioner

VERSUS

Shri R.C. Tiwari,

Authorised Signatory
M/s Birla VXL Ltd.
(Formerly Known As VXL India Ltd.)
R/o J-1 Agrasen Apartments,
66, IP Extension, Delhi-92. … Contemnor

FILED BY:

Namrata Chopra
Advocate
INDIAN LAW ASSOCIATES
ADVOCATES FOR THE PETITIONER
16, TODARMAL ROAD,
NEAR BENGALI MARKET
NEW DELHI -110001
New Delhi
August , 2007

7
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL WRIT JURISDICTION

CONT. CAS [C] No. OF 2007

IN
CS (OS) No.1444 of 1998

IN THE MATTER OF:

Shri Kranti Arora … Petitioner

VERSUS

M/s Birla VXL Ltd. … Contemnor/

Respondent

AFFIDAVIT

I, Shri Kranti Arora, son of Om Prakash aged about 54 years,

resident of C-1/43, Ashok Vihar, Phase-II, New Delhi, do hereby
solemnly declare and state as follows:-

1. That I am the Petitioner in the above mentioned case and am

fully aware of the facts and circumstances of the case and am,
therefore, competent to swear the present Affidavit in support
of the accompanying Contempt Petition.

2. I say that I am fully aware of the facts and circumstances of

the present case and am, therefore, also competent to swear
the present Affidavit.

3. That I have read and fully understood the contents of the

accompanying Contempt Petition and state that the same are
true and correct to my knowledge.

DEPONENT
VERIFICATION:

Verified at New Delhi on this th day of August, 2007 that the

contents of my above Affidavit are true and correct and that nothing
false has been stated therein.

DEPONENT

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 IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL WRIT JURISDICTION

C.M. Appl.No. of 2007

IN
CONT. CAS [C] No. OF 2007

IN
CS (OS) No.1444 of 1998

IN THE MATTER OF:

Shri Kranti Arora … Petitioner

VERSUS

M/s Birla VXL Ltd. … Contemnor/

Respondent

AFFIDAVIT

I, Shri Kranti Arora, son of Om Prakash aged about 54 years,

resident of C-1/43, Ashok Vihar, Phase-II, New Delhi, do hereby
solemnly declare and state as follows:-

1. That I am the Petitioner/Applicant in the above mentioned

case and am fully aware of the facts and circumstances of the
case and am, therefore, competent to swear the present
Affidavit in support of the accompanying Application under
Section 151 CPC.

2. I say that I am fully aware of the facts and circumstances of

the present case and am, therefore, also competent to swear
the present Affidavit.

3. That I have read and fully understood the contents of the

accompanying Application and state that the same are true
and correct to my knowledge.

DEPONENT
VERIFICATION:

Verified at New Delhi on this th day of August, 2007 that the

contents of my above Affidavit are true and correct and that nothing
false has been stated therein.

DEPONENT

9
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

C.M. Appl.No. of 2007

IN
CONT. CAS [C] No. OF 2007

IN
CS (OS) No.1444 of 1998

IN THE MATTER OF:

Shri Kranti Arora … Petitioner

VERSUS

M/s Birla VXL Ltd. … Contemnor/

Respondent

AFFIDAVIT

I, Shri Kranti Arora, son of Om Prakash aged about 54 years,

resident of C-1/43, Ashok Vihar, Phase-II, New Delhi, do hereby
solemnly declare and state as follows:-

1. That I am the Petitioner/Applicant in the above mentioned

case and am fully aware of the facts and circumstances of the
case and am, therefore, competent to swear the present
Affidavit in support of the accompanying Application.

2. I say that I am fully aware of the facts and circumstances of

the present case and am, therefore, also competent to swear
the present Affidavit.

3. That I have read and fully understood the contents of the

accompanying Application and state that the same are true
and correct to my knowledge.

DEPONENT
VERIFICATION:

Verified at New Delhi on this th day of August, 2007 that the

contents of my above Affidavit are true and correct and that nothing
false has been stated therein.

DEPONENT

10
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT JURISDICTION
CONT. CAS [C] No. OF 2007
IN
CS (OS) No.1444 of 1998
In the matter of:
Shri Kranti Arora … Petitioner

VERSUS
M/s Birla VXL Ltd. … Defendant

And in the matter of:

Shri R.C. Tiwari, … Contemnor

INDEX
S. PARTICULARS Page No.
No.
1. Notice of Motion A

1A. Urgent Application B

2. Memo of Parties C

3. Petition for contempt of court under Section 2(b) and

Section 12 of the Contempt of Court Act, 1971 with 1–7
Affidavit.

4. ANNEXURE-P/1
A true copy of the judgment and order dated 01.5.2007. 8

5. ANNEXURE-P/2
True copy of the I.A.No.8015/2005 9 – 16

6. ANNEXURE-P/3
True copy of the Show Cause Notice received by the 17
Petitioner dated 21.06.2006.

7. ANNEXURE-P/4
True copy of the reply dated 03.07.2006 18 – 19

8. ANNEXURE-P/5
True copy of the Bill No.04005 dated 23.10.2006. 20 – 21

9. ANNEXURE-P/6
True copy of the I.A.No.6 /2007. 22 – 24

10. ANNEXURE-P/7
True copy of the I.A.No.8766 /2007 25 – 28

11. ANNEXURE-P/8
True copy of the order dated 3rd August, 2007. 29
12. Vakalatnama D
FILED BY:

Namrata Chopra
Advocate
INDIAN LAW ASSOCIATES
New Delhi ADVOCATES FOR THE PETITIONER
August , 2007 16, TODARMAL ROAD,
NEAR BENGALI MARKET
NEW DELHI -110001

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