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2026 DAILYLAW 18921 (DEL)

SH PREM KUMAR v. SH RADHE SHAYAM

CONT.CAS(C)/1516/2026 · 2026-09-21

Amit Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010396022026 + CONT.CAS(C) 1516/2026 & CM APPL. 57004/2026 SH PREM KUMAR .....Petitioner Through: Mr. Vijay Datt Gahtori and Mr. Shivam Gautam, Advocates. Versus SH RADHE SHAYAM .....Respondent Through: Mr. Sanjay Kumar Pathak, SC with Mr. Sunil Kumar Jha, Mr. M.S. Akhtar and Ms. Musarrat Benazeer Hasmi, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 21.09.2026 1. This hearing has been done through hybrid mode. 2. The present petition under Sections 11/12 of the Contempt of Courts Act seeks the following prayers:- “1. The the contemner/respondent be punished with simple imprisonment for a terms of six months or with fine of Rs 2,000/- for the contempt committed under section 11& 12 of the contempt of court Act 1971 for wilful & deliberate disobedience of order dated 14.05.2026 in LAAPP 70/2014 titled as “Union of India Vs Prem Kumar” passed by the Hon’ble Court in the interest of justice. 2. Any other relief which this Hon’ble court deem fit, just and appropriate under the facts and circumstances n the interest off justice.” 3. Vide order dated 14.05.2026 in LA.APP. 70/2014 learned Predecessor Bench of this Court passed the following order:- “CM APPL. 32716/2026 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 23/09/2026 at 10:31:58 1. The present application has been filed on behalf of the Respondents under Section 151 CPC, 1908 for giving directions to the Appellant to deposit the decretal amount, as per the order of the Reference Court. 2. Learned Counsel for the Appellant submits that the Appellant had already filed CM APPL. No. 3167/2014 under Order 41 Rule 5 read with Section 151 CPC,1908 seeking ad-interim stay of operation of the impugned judgment and decree dated 07th June, 2013.Vide order dated 17th February, 2014, this Court admitted the appeal and issued directions for completion of pleadings in CM APPL. No. 3167/2014. However, upon perusal of the record, it is evident that no order has been passed on the said application either granting stay of operation of the impugned judgment and decree or directing the Appellant to deposit the decretal amount. 3. While considering CM APPL. No. 32716/2026, this Court has also taken up CM APPL. No. 3167/2014 for consideration. 4. CM APPL. No. 3167/2014 stands disposed of with the direction that the operation of the impugned judgment and decree shall remain stayed during the pendency of the present appeal, subject to the Appellant depositing the entire decretal amount with the Registrar General of this court within a period of eight weeks. 5. Accordingly, list before the Registrar General on 03rd August, 2026. 6. The application stands disposed of. CM APPL. 32717/2026 7. The present application has been filed on behalf of the Respondents under Section 151 CPC, 1908 seeking appropriate directions for release of the deposited amount. 8. The present application shall be considered upon deposit of the decretal amount by the Appellant. LA.APP. 70/2014 & CM APPL. 32717/2026 10. List this matter in the category of ‘Regular Matters’.” 4. Learned counsel appearing on behalf of the applicant submits that the amount has not been deposited till date. 5. In view of the above, learned counsel for the applicant seeks leave to withdraw the present application with liberty to proceed with the execution proceedings. 6. Leave and liberty granted. 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 23/09/2026 at 10:31:58 7. The present petition is dismissed as withdrawn and disposed of with liberty to the petitioner to proceed with the execution proceedings before the concerned Court in accordance with law. The stay on the decree dated 07.06.2013 was subject to deposit of the decretal amount, which has not been deposited. 8. Pending application(s), if any, also stands disposed of. 9. Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J SEPTEMBER 21, 2026/sn/sg 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 23/09/2026 at 10:31:58