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CM applications and affidavits on behalf of respondent no. 4 for compliance with EMI direction in Delhi High Court contempt case

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IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. CM application number OF 2023

IN

CONT. CAS(C) NO. Contempt case number OF 2023

IN THE MATTER OF:-

Petitioner's name: PETITIONER

VERSUS

Respondents' names: RESPONDENTS

INDEX

S.NO.PARTICULARSPAGE
1.NOTICE OF MOTION.
2.URGENT APPLICATION.
3.APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT NO. 4 FOR ISSUANCE OF NECESSARY DIRECTION TO THE RESPONDENT NO. 3 TO COMPLY WITH THE ORDER DATED Date of compliance order PASSED BY THIS HON'BLE COURT, ALONG WITH AFFIDAVITS.
4.ANNEXURE R-1; COPY OF ORDER DATED Date of compliance order PASSED BY THIS HON'BLE COURT.
5.ANNEXURE R-2 (COLLY); COPY OF EMAIL DATED Date of bank's email SENT BY THE BANK ALONG WITH LOAN DOCUMENTS.
6.APPLICATION BY AND ON BEHALF OF THE RESPONDENT NO. 3 FOR EXEMPTION FROM FILING THE CERTIFIED, FAIR TYPED COPY OF THE ANNEXURE, ALONG WITH AFFIDAVIT.
7.PROOF OF SERVICE.

APPLICANT/RESPONDENT NO. 4

DELHI

DATEDTHROUGH

Advocate's name

(Advocate)

Advocate's address

Email:

Mob. Advocate's mobile number

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. CM application number OF 2023

IN

CONT. CAS(C) NO. Contempt case number OF 2023

IN THE MATTER OF:-

Petitioner's name: PETITIONER

VERSUS

Respondents' names: RESPONDENTS

URGENT APPLICATION

To,

The Hon'ble Joint Registrar,

Hon'ble High Court of Delhi,

New Delhi.

Sir,

Will you kindly treat the accompanying interlocutory application as an urgent one in accordance with the provisions of the Delhi High Court Rules, Regulations and Orders.

The grounds of urgency are as set out in the accompanying application. The accompanying application seeks a direction to the Respondent No. 3 to comply with the order dated Date of compliance order passed by this Hon'ble Court.

APPLICANT/RESPONDENT NO. 4

DELHI

DATEDTHROUGH

Advocate's name

(Advocate)

Advocate's address

Email:

Mob. Advocate's mobile number

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. CM application number OF 2023

IN

CONT. CAS(C) NO. Contempt case number OF 2023

IN THE MATTER OF:-

Petitioner's name: PETITIONER

VERSUS

Respondents' names: RESPONDENTS

NOTICE OF MOTION

To,

TAKE NOTICE that the accompanying interlocutory application shall be listed before the Court on Date on which the application is listed before the Court at 10:30 a.m. or so soon thereafter as may be convenient to the Court.

APPLICANT/RESPONDENT NO. 4

DELHI

DATEDTHROUGH

Advocate's name

(Advocate)

Advocate's address

Email:

Mob. Advocate's mobile number

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. CM application number OF 2023

IN

CONT. CAS(C) NO. Contempt case number OF 2023

IN THE MATTER OF:-

Petitioner's name: PETITIONER

VERSUS

Respondents' names: RESPONDENTS

APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT NO. 4 FOR ISSUANCE OF NECESSARY DIRECTION TO THE RESPONDENT NO. 3 TO COMPLY WITH THE ORDER DATED Date of compliance order PASSED BY THIS HON'BLE COURT.

MOST RESPECTFULLY SHOWETH:-

1.That the aforesaid civil contempt was filed by the Petitioner against the Respondents, and this Hon'ble Court held the Respondent No. 3 guilty of contempt for intentionally and mala fide violating the orders dated Date of first contempt order and Date of second contempt order, and the undertaking recorded in its order dated Date of undertaking order.
2.That the Petitioner filed the present contempt petition before the Hon'ble Delhi High Court against the Respondent Nos. 3 and 4, attributing illegality to them. However, the Respondent No. 4 had no adverse role in the said matter and never violated any undertaking or any injunction order of this Hon'ble Court. It was only the Respondent No. 3 who had delivered possession to the Respondent No. 4 under the said sale deed. Therefore, the Hon'ble High Court absolved the Respondent No. 4 from the contempt proceedings, but directed the Respondent Nos. 3 and 4 to restore the occupation of the Petitioner with respect to the property in question.
3.That, in compliance with the direction of the Hon'ble High Court of Delhi, the occupation of the Petitioner was restored on Date of restoration of possession.
4.That the Respondent No. 3 filed a C.M. Application before this Hon'ble Court seeking recall of the order dated Date of order sought to be recalled. By its order dated Date of EMI direction order, this Hon'ble Court directed that the Respondent No. 3 shall pay 75% of the EMI directly into the loan account of Lender's name (Hero Fincorp Ltd.), and 25% shall be paid by the Applicant / Respondent No. 4. The operative portion of the said order is reproduced herein below for the convenience of this Hon'ble Court:-

"10. In the meanwhile, there is an EMI of about Monthly EMI amount (₹) payable per month on the loan of Loan amount (₹) taken by the respondent no.4. In order to prevent respondent no.3 from putting a premium on his misrepresentation, it is directed that, without prejudice to the rights and contentions of the parties, the respondent no.3 shall pay Percentage of EMI payable by respondent no. 3 per cent of the EMI to the Bank Account No. Loan account number of Lender's name (Hero Fincorp Ltd.) directly, and Percentage of EMI payable by respondent no. 3 per cent shall be paid by respondent no.4 till the next date of hearing.

4.These payments shall be without prejudice to the rights of respondent no.4."

A copy of the order dated Date of EMI direction order is annexed to this application as Annexure R-1.

5.That in compliance with the said order, the Applicant has paid his 25% share of the loan amount, being Rs. Amount of 25% EMI share paid (₹)/-, as directed by this Hon'ble Court vide order dated Date of EMI direction order. However, the Respondent No. 3 has till date failed to comply with the said direction and has not paid his 75% share of the loan amount to the Bank. In consequence, the Bank sent a letter / email to the Respondent No. 4 on Date of bank's letter/email, stating that payment of the EMI for each and every month was required to be made by the 3rd of every month; however, the Respondent No. 3 has neither made the full payment of the EMI for the month of Month and year of unpaid EMI nor made the said payment as directed by this Hon'ble Court till date. The Bank has received only an amount of Rs. Amount received by bank towards EMI (₹)/- in the said loan account as EMI for the month of Month and year of unpaid EMI. In the absence of payment, any non-payment or late payment of any monthly EMI may entail a penalty, or the loan account may be classified as in default on the part of the Respondent No. 4.

A copy of the same is annexed to this application as Annexure R-2 (colly.).

6.That the Respondent No. 3 has intentionally and mala fide failed to pay his share of the EMI despite the direction of this Hon'ble Court.
7.In view of the facts and submissions mentioned hereinabove, the Applicant has a pressing need for an urgent hearing and prays that the Respondent No. 3 be directed to comply with the order dated Date of compliance order passed by this Hon'ble Court, failing which the Bank may classify the loan account as defaulting.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

a.Allow the present application;
b.Direct the Respondent No. 3 to comply with the order dated Date of compliance order passed by this Hon'ble Court and to pay 75% of the EMI directly into the loan account of Lender's name (Hero Fincorp Ltd.), in the interest of justice;

OR

c.Direct the Respondent No. 3 to pay the penalty for the delayed EMI to the Bank directly (if any).
d.Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

APPLICANT/RESPONDENT NO. 4

DELHI

DATEDTHROUGH

Advocate's name

(Advocate)

Advocate's address

Email:

Mob. Advocate's mobile number

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. CM application number OF 2023.

IN

CONT. CAS(C) NO. Contempt case number OF 2023.

IN THE MATTER OF:-

Petitioner's name: PETITIONER

VERSUS

Respondents' names: RESPONDENTS

AFFIDAVIT

Affidavit of Deponent's name, S/o Deponent's father's name, aged about Deponent's age years, R/o Deponent's address, Delhi-110085, who do hereby solemnly affirm and declare as under:-

1.That I, the Deponent, am Respondent No. 4 in the captioned petition, and am therefore well conversant with the facts of the case and competent to swear this affidavit.
2.That the accompanying application has been drafted by my counsel as per my instructions; the contents thereof have been duly read over and explained to me, and I state that I have fully understood the same.
3.That the contents of the accompanying application as well as of this affidavit have been read over to me and explained to me in the vernacular language, and I hereby state and declare that the contents of the said application are true and correct.

DEPONENT

VERIFICATION :-

Verified at New Delhi on this Date of verification day of November, 2023 that the contents of the above affidavit are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. CM application number OF 2023.

IN

CONT. CAS(C) NO. Contempt case number OF 2023.

IN THE MATTER OF:-

Petitioner's name: PETITIONER

VERSUS

Respondents' names: RESPONDENTS

APPLICATION BY AND ON BEHALF OF THE APPLICANT / RESPONDENT NO. 4 UNDER SECTION 151 C.P.C. FOR EXEMPTION FROM FILING THE CERTIFIED, FAIR TYPED COPIES OF THE DIM ANNEXURES.

MOST RESPECTFULLY SHOWETH:-

1.That the aforesaid contempt petition, filed by the petitioner, is pending before this Hon'ble Court.
2.That the Applicant has not been able to file the fair typed copies of the dim documents with the prescribed margins at this stage, and is only filing true copies thereof. Respondent No. 4 prays to be exempted from filing the same and undertakes to file them within such time as may be allowed by this Hon'ble Court.
3.That the Applicant, by way of the present application, prays that he may be exempted from filing the aforesaid copies and undertakes to file the same as and when directed by this Hon'ble Court.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to exempt Respondent No. 4 from filing the certified copies and fair typed copies of the documents, and that the true copies filed herewith may kindly be considered for the disposal of the case, in the interest of justice.

It is prayed accordingly.

APPLICANT/RESPONDENT NO. 4

DELHI

DATEDTHROUGH

Advocate's name

(Advocate)

Advocate's address

Email: Advocate's email address

Mob. Advocate's mobile number

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. NO. CM application number OF 2023.

IN

CONT. CAS(C) NO. Contempt case number OF 2023.

IN THE MATTER OF:-

Petitioner's name: PETITIONER

VERSUS

Respondents' names: RESPONDENTS

AFFIDAVIT

Affidavit of Deponent's name, S/o Late Sh. Deponent's father's name, aged about Deponent's age years, R/o Deponent's address, Delhi-110085, who do hereby solemnly affirm and declare as under:-

1.That I, the Deponent, am Respondent No. 4 in the aforesaid case and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.
2.That the accompanying application under Section 151 C.P.C. seeking exemption from filing certified copies of the annexures has been drafted by my counsel as per my instructions; the contents thereof have been duly read over to me and fully understood by me, and the contents of the accompanying application are true and correct to my knowledge.

DEPONENT

VERIFICATION :-

Verified at Delhi on this Date of verification day of November, Year of verification that the contents of my above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.

DEPONENT

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