MUTEXIL SARL vs VIKAS BHATT (MANAGING DIRECTOR) COMBAT INDUSTRIES LIMITED - 2024-02-12

O R D E R

1. On the last date of hearing, a non-bailable warrant was issued against the respondent-contemnor with a direction issued to the Station House Officer1 of the area to make compliances. The residential address 1 For short ‘the SHO’

of the respondent-contemnor was mentioned in the para 8 of the order passed on 02nd February, 2024, as extracted from the record.

2. The Registry has forwarded a letter dated 08th February, 2024 addressed by the SHO Dwarka South, Delhi stating inter alia that the arrest warrants could not be executed against the respondent-contemnor as during the enquiry it transpired that he is not residing at the given address and the said property is owned by one Ms. Priyanka since the year 2019. The owner has stated that she had no clue whatsoever about the whereabouts of the respondent-contemnor and local enquiry does not reveal any clue. As a result, the non-bailable warrant have remained unexecuted.

3. Today, the respondent-contemnor appears before us along with counsel and on enquiring about his current address, he submits that the flat in question mentioned in the order passed on the last date of hearing was owned by his father and sold by him in the year 2019 to Ms. Priyanka. 4. If that be the case, then there was no justification for the respondent to have sworn an affidavit on 04th October, 2023, in reply to the notice issued by this Court vide Order dated 22nd September, 2023 mentioning therein his address as “Flat No.94, Sector -2, DDA Pocket-2, Dwarka, South West Delhi - 110075”.

5. The respondent-contemnor seeks to offer a lame excuse that the said address has been mentioned in the affidavit as it appears on his Aadhar Card. The address at the Aadhar Card has no connection whatsoever with the current address of the respondent which he ought to have mentioned. The respondent-contemnor is apparently trying to play fast and loose with this Court.

6. Given the aforesaid facts and circumstances, it is deemed appropriate to direct that the order passed on the last date be executed by the SHO, Dwarka South, Delhi. The respondent-contemnor be taken into custody forthwith and lodged in Tihar Jail, Delhi. He shall be produced before this court in custody, on the next date of hearing i.e. 19th February, 2024 at 10.30 A.M.

7. We may note that the respondent-contemnor though has remained at large even after this Court had passed the order on 03rd January, 2024, has not complied with the said order by filing an affidavit giving the details of all the assets (immovable and movable) of (i) the respondent company; (ii) his own personal assets and (iii) the Directors of the company. Even today, learned counsel for the respondent-contemnor is unable to furnish the said affidavit.

8. List on 19th February, 2024 at the top of the Board.

(Geeta Ahuja) (Nand Kishor)

Assistant Registrar-cum-PS Court Master (NSH)