DR. HANS RAJ Vs. ANAND KAMAL GOEL

JUDGEMENT

(1.) The present contempt petition has been filed stating that the Respondent has acted in wilful breach of the Memorandum of Understanding ('MoU') dtd. 7/9/2019 entered into between the parties herein during the pendency of Complaint Case Nos. 27671/2019 and 27736/2019 ('the cases') titled as Hans Raj and Anr. v. A.M Investment Advisors and Associations and Anr., filed by the Petitioners under Sec. 138 of Negotiable Instruments Act, 1881 ('the NI Act'), and the consequent undertaking dtd. 30/10/2019 given to the MM-03, South, Saket Court, Delhi ('the Trial Court') in the said cases.

(2.) This contempt petition has been filed by the Petitioners on 2/3/2020 stating that the Respondent has only paid a sum of Rs.42.00 lakhs and has failed to pay the balance of Rs.2,40,84,782.14 as per the undertaking recorded in order dtd. 30/10/2019 passed by the Trial Court. 2.1 It is stated in the petition that the Petitioners are senior citizens, who are registered medical practitioners who were defrauded by the Respondent, who represented himself to be a portfolio Manager and lured the Petitioners to transfer their stock in shares to the Respondent. The said stock was misappropriated by the Respondent leading to the filing of two complaint cases under Sec. 138 of the NI Act, which led to the execution of the MoU for returning the said amount to the Petitioners.

(3.) By the detailed orders dtd. 13/7/2021 and 20/12/2021, the Respondent has been held guilty of contempt for wilful breach of terms of the MoU and the undertakings given vide order dtd. 30/10/2019.