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2002 Supreme(Del) 347

SHARDA AGGARWAL
ALORA TRADING COMPANY LIMITED – Appellant
Versus
SANJAY GHAI – Respondent


SHARDA AGGARWAL

( 1 ). By virtue of the present petition under the contempt of Courts Act, this Court is called upon to exercise its jurisdiction under Section 2 (b) of the contempt of Courts Act against the contemner/respondent for willful disobedience of the orders of the Court dated 10/02/2000 and 15/02/2000 in Suit no. 2528/98.

( 2 ). A short background of the facts giving rise to the present petition is that the petitioner and the respondent/contemner had entered into a compromise and on the joint application moved under Order 23 Rule 3 CPC, compromise was recorded in the suit and vide orders dated 15/02/2000 suit was decreed in terms thereof. As per the terms of the compromise, respondent had agreed to pay a sum of Rs. 36,30,200. 00 by way of cheques in thirty three equal monthly instalments of Rs. 1,10,000. 00 each. This amount was payable w. e. f. 10/03/2000. The first two cheques of Rs. 1,10,000. 00 each, when presented to the bank, were dishonoured on 11/04/2000 on the ground of insufficiency of funds. The respondent/ contemner after entering into compromise and having made a statement before the Court to abide by the terms thereof, failed to comply with the consent decree
















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