RAJIV KAPOOR Vs. PRAVEEN AGGARWAL

JUDGEMENT

(1.) PRESENT contempt petition has been filed alleging wilful disobedience of the respondent's undertaking as well as the order dated 12th February, 2013 passed by learned Single Judge of this Court in OMP No. 100/2013.

(2.) LEARNED counsel for the petitioner states that the respondent -builder has not obtained a lift fitness certificate as undertaken by him within three months in accordance with the consent decree dated 12th February, 2013.

(3.) AT the outset, learned counsel for respondent raises a preliminary objection to the maintainability of the present contempt petition on the ground that it is barred by limitation. He states that even if all the averments in the petition are to be believed, then also cause of action for filing the present contempt petition arose on 12th May, 2013 as the lift fitness certificate had to be obtained within three months. He points out that present contempt petition has been filed, for the first time, on 5th November, 2014 which is beyond the period of limitation of one year.