LECHAMPS (SEA) PTE LTD. Vs. ASHISH GUPTA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Ss. 2, 10 and 12 of the Contempt of Courts Act, 1971 'CC Act' seeking initiation of contempt proceedings against the respondents/contemnors for the alleged wilful breach and disobedience of the Memorandum of Understanding ["MoU"] dtd. 27/4/2017 which was taken on record by this Court vide consent order dtd. 2/5/2017 in CS (OS) No. 2130/2015 titled 'Le Champ (SEA) PTE LTD. vs. Delhi Control Devices Private Limited'.

(2.) The admitted facts leading to the filing to the present petition are that the petitioner herein, over a period of time, supplied and delivered certain goods in the nature of 'Super Capacitors, Industries, LCD, Chip Capacitors, Coin battery etc.', valued at a total of USD 346,359.91/-, to the respondent's company i.e., M/s Delhi Control Devices Private Limited. However, due to failure on the part of the respondent to pay the amount for the goods purchased, the petitioner was constrained to file a suit for recovery bearing CS (OS) No. 2130/2015 against M/s Delhi Control Devices through its director, namely Mr. Ashish Gupta, i.e., respondent herein.

(3.) During the pendency of the suit, the parties entered into a settlement duly recorded in the MoU dtd. 9/3/2016. It is brought out from the record, however, that the dispute between the parties could not be put to a quietus since the terms of the said MoU dtd. 9/3/2016 were never honoured by the respondent herein. Subsequently, this Court, in the suit proceedings, vide order dtd. 2/1/2017, recorded as under: