Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11 EX 1016/25
MR. MOINUDDIN Vs. MOHD ALI
16.12.2025
Present: Sh. Absar Ahmad, Ld. Counsel for the DH alongwith DH.
Sh. Mohd. Akram, Ld. Counsel for JD No.1.
Sh. Kanwar Faizal, Ld. Counsel for JD No.2 alongwith JD No.2.
Consequent upon, issuance of warrant of attachment Sh. Jaspal Singh,
Clerk appearing from Bank of Baroda, Asif Ali Branch has furnished a demand
draft dated 23.10.2025 bearing No. 059298 for an amount of Rs. 1,00,000/-, which
has been deducted from the bank account of Sh. Mohd. Ali i.e. bank account No.
00930100017864. Let the said bank draft be released against due acknowledgment
to the DH.
In the present matter a consent decree dated 10.03.2025 was passed
based upon the mediation settlement dated 19.12.2024. Under the mediation
settlement, an amount of Rs. 14,00,000/- was required to be paid on or before
22.02.2025 by Sh. Mohd. Ali and Sh. Manoj Kumar i.e. defendant No.1 and No.2.
Under the aforesaid mediation settlement, two cheques have been issued by
Sh. Mohd. Ali dated 10.01.2025 and 22.02.2025 for a sum of Rs. 6,00,000/- and
Rs. 8,00,000/- with the assurance that the said cheques would be encashed on their
presentation.
It is the matter of record that, both the cheques as issued by Sh.
Mohd. Ali stood dishonoured vide dishonoured Memos dated 25.02.2025. As
recorded vide order dated 25.08.2025, show-cause notice was issued to Sh. Mohd.
Ali and Sh. Manoj Kumar, with the direction to show cause as to why they be not
arrested for deliberately giving false statements to the Court. Only after the
issuance of the aforesaid show cause notice, Mohd. Ali had handed over an
amount of Rs. 1,00,000/- in cash and amount of Rs. 50,000/- cash was handed
-- 1 of 3 --
over to the DH by Sh. Manoj Kumar i.e. JD No. 2. With the DD released to the
DH today, for an amount of Rs. 1,00,000/-, only an amount of Rs. 2,50,000/- has
been paid to the DH as on today. A further amount of Rs. 70,000/- has been
handed over in cash to the DH in the Court today, thus, a total amount of Rs.
3,20,000/- has been paid till date. As recorded vide order dated 09.09.2025, the
JDs were granted one month's time to comply with the mediation settlement
agreement and it was directed that in case the said mediation settlement is not
complied with JD No.1, should remain present in the Court. As stated in the
aforesaid the mediation settlement stands violated and has not been complied with
till today. Thus, the Court is satisfied that the two cheques had been handed over
by the JDs without any intention to make the payments as covered by the said
cheques. Thus, the dishonesty of the JDs is writ at large.
Under the circumstances,
let non-bailable warrants be issued against
Sh. Mohd. Ali on filing of PF and the concerned SHO is directed to bring Sh.
Mohd. Ali before the Court with all convenient speed and he is directed to release
Mohd. Ali only upon the tender of the balance decreetal amount i.e.
Rs.10,80,000/-.
Sh. Manoj Kumar, who is present in person, he is taken into custody
and he be sent to civil prison for a period of three months for not only giving false
statement to the Court and also for playing a fraud upon the Court. Let custody
warrants be prepared accordingly.
Put the matter at 2.00 PM.
(Sachin Sood)
DJ-01 (Central)
THC, Delhi/16.12.2025
-- 2 of 3 --
At 2.00 PM
Present: As above.
The DH is directed to deposit the subsistence allowance as per rules and
on deposit the same, let custody warrants be prepared with respect to JD NO. 2 i.e.
Sh. Manoj Kumar for a period of 03 months and the DH is directed to deposit the
monthly allowances in advance before the first day of each month. It is made clear
that, in case, the JDs deposit the entire settled amount i.e. an amount of Rs.
10,80,000/- to the Officer Incharge of the Civil Prison, the JD No.2 be released from
the period of detention ordered today i.e. 03 months from today.
List on 12.01.2026.
(Sachin Sood)
DJ-01 (Central)
THC, Delhi/16.12.2025
At 4.00 PM
Present: Sh. Absar Ahmad, Ld. Counsel for the DH.
JD No.2 in person.
It is submitted by JD No.2 that by 22.12.2025 a further amount of
Rs. 1,00,000/- would be paid to the DH in the Court. It is further submitted by JD
No.2 that a further amount of Rs. 5,30,000/- would be paid on or before 15.01.2026.
The said offer is acceptable to the counsel of the DH.
In view of the aforesaid, let custody warrants be kept in abeyance till
22.12.2025.
JD No. 2 is directed to remain physically present on 22.12.2025, failing
which, coercive action would be taken.
List on 22.12.2025. (Earlier date given fixed for 12.01.2026 is cancelled).
(Sachin Sood)
DJ-01 (Central)
THC, Delhi/16.12.2025
-- 3 of 3 --