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2025 DAILYLAW 25174 (DEL)

PAWAN SUT v. SH NAGENDRA NATH SINHA AND ORS

CONT.CAS(C)/1795/2023 · 2025-05-02

Anish Dayal

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1795/2023 PAWAN SUT .....Petitioner Through: Mr. S.K. Choudhary and Mr. R.S. Sandhu, Advocates. versus SH NAGENDRA NATH SINHA AND ORS .....Respondents Through: Mr. Rajesh Gogna, CGSC with Mr. Amit Acharya, GP, Ms. Rebina Rai and Mr. Shivam Tiwari, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 13.08.2025 1. This hearing has been done through hybrid mode. CM APPL. 38030/2025(restoration of main case) 2. The present application under Section 151 of the CPC has been filed on behalf of the petitioner seeking the following prayers: - “It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to recall the order dated 02.05.2025 passed in CONT. CAS (C) No. 17951 2023 CM Appl. NO.62678/2023 and restore the petition in its original position. To pass any other and further order which this Hon'ble court may deems fit and proper under the facts and circumstances of the case.” 3. Issue notice. 4. Learned counsel for the respondents accepts notice. 5. In view of the averments made in the application, the same is allowed and disposed of. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2025 at 12:11:37 6. The captioned contempt petition is restored to its original number. CM APPL. 62678/2023 in CONT.CAS(C) 1795/2023 7. The present application under Section 5 of the Limitation Act, 1971, seeks the following prayers: - “a) Condone the delay of 6209 days in filing the Contempt petition for non compliance of the order of this Hon'ble court dated 12.07.2005, b) Pass such other or further order/orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 8. The captioned petition along with the present application has been filed seeking compliance of directions given by Hon’ble Division Bench vide order dated 12.07.2005 passed in W.P.(C) 781/2003. 9. The present application seeking condonation of delay of 6209 days states that the petitioner had made various representations dated 03.02.2006, 21.03.2006, 08.05.2006, 12.08.2006, 03.05.2007, 14.09.2007, 12.05.2008, 30.06.2008, 04.09.2008, 08.02.2017, 19.02.2018, 28.09.2018, 22.03.2019, 23.02.2021, 08.04.2021 and 28.01.2022 to the respondents and since the order was not complied with, the petitioner filed the present petition. It is also stated that the petitioner has been suffering from Idiopathic Epilepsy disease since 1981. 10. As per Section 20 of the Contempt of Courts Act, 1971, the limitation for filing the petition for contempt is stated to be one (1) year. The Section 20 of the Contempt of Courts Act, 1971, reads as under: - “Section 20-Limitation for actions for contempt- No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.” 11. Although the cause of action cannot be extended by making repeated This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2025 at 12:11:37 representations, even as per the aforesaid application, the last representation made by the present petitioner was on 28.01.2022 and the present petition has been filed on 14.10.2023. In addition, it is noted that the documents attached with the present application with regard to the disease of the petitioner is of the year 1981-1983 and no further documents have been put on record to show petitioner’s inability to approach this Court by way of contempt petition while the cause of action was accruing. 12. In the considered opinion of this Court the present petition is completely time barred and no justifiable reasons have been shown for condonation of delay. 13. Accordingly, the present application is dismissed and disposed of. CONT.CAS(C) 1795/2023 14. In view of the above, the present petition is dismissed. However, the petitioner is at liberty to move a fresh representation to the concerned respondents and on such a representation being made, the same shall be decided by the concerned authority in accordance with law under due intimation to the petitioner. 15. Pending application(s), if any, also stands disposed of. AMIT SHARMA, J AUGUST 13, 2025/bsr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2025 at 12:11:37