Jagjivan Ashram Trust And Ors vs. New Model Impex PVT. LTD. & Anr
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The petitioners, Jagjivan Ashram Trust and others, filed a contempt petition (CONT.CAS(C) 1267/2025) against New Model Impex Pvt. Ltd. and Mr. Arvind Kumar Agarwal (respondent no. 2). The contempt petition sought to initiate proceedings for willful disobedience of an undertaking given on July 7, 2022, and accepted by the District Judge on July 16, 2022, in a commercial suit. On December 12, 2025, the Delhi High Court, with the consent of the parties, ordered respondent no. 2 to vacate the subject premises within six months, by May 31, 2026, and to pay a monthly rent of Rs. 4,50,000/- starting from December 2025. Respondent no. 2 subsequently filed an affidavit-cum-undertaking dated December 17, 2025, confirming his compliance with the court's directions.
Held
The Court noted that respondent no. 2 had filed an affidavit-cum-undertaking dated December 17, 2025, in compliance with the order dated December 12, 2025. This undertaking included vacating the subject premises by May 31, 2026, and paying a monthly rent of Rs. 4,50,000/- (including CGST and SGST) for the continued occupation, with payments to be made by the 25th day of each calendar month. The petitioner's counsel sought clarification that the payment date should be the "25th day of each calendar month," to which the respondent had no objection. The Court directed that the rent/user charges be paid by the 25th day of each calendar month. Respondent no. 2 confirmed his undertaking. As a result, the Court found no further directions were called for and disposed of the petition with liberty to the petitioner to revive it in case of non-compliance. The ratio decidendi is that compliance with a court-ordered undertaking, confirmed by an affidavit and accepted by the court, resolves a contempt petition, provided the terms are clearly defined and agreed upon.
Key Issues
1. Whether respondent no. 2 has willfully, deliberately, and intentionally disobeyed the undertaking given on July 7, 2022, and accepted by the District Judge on July 16, 2022, thereby constituting contempt of court under the Contempt of Courts Act, 1971? The petitioner argued that the contemnors had willfully and intentionally disobeyed the undertaking. The respondent, through their counsel, submitted an affidavit-cum-undertaking to comply with the court's order dated December 12, 2025, which included vacating the premises by May 31, 2026, and paying a monthly rent of Rs. 4,50,000/-. The court was to decide if this undertaking rectified the alleged contempt and if further proceedings were necessary. The specific provisions of the Contempt of Courts Act, 1971, were invoked.
Sections Cited
Contempt of Courts Act 1971
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R %
2025
This hearing has been done through hybrid mode.
The present petition under Sections 10/11/12 of the Contempt of Courts Act 1971, seeks the following prayers:- “(a) initiate contempt proceedings against the contemnors under the Contempt of Courts Act and the contemnors be punished in accordance with law for his willful, deliberate and intentional disobedience of the undertaking given on 7.07.2022 and accepted by the Ld. Court of Shri Gurvinder Pal Singh, District Judge (Commercial Court), Patiala House Courts, New Delhi vide order dated 16.07.2022 passed in G.S. (Commercial) no. 533 of 2022, and.
(b) award costs of the present proceedings in favour of the petitioner, and/or.
(c) pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”
In pursuance of the notice issued to respondent no. 2, the latter entered This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/12/2025 at 14:20:46
appearance. On the last date of hearing, i.e., 12.12.2025, with the consent of the parties, this Court had passed the following order:- “3. Learned counsel appearing on behalf of respondent no.2/Mr. Arvind Kumar Agarwal, on his instructions, submits that the latter shall vacate the subject premises within a period of six months months from today, i.e., on or before 31.05.2026, and shall pay a rent of Rs. 4,50,000/- per month to the petitioner/trust, starting from the month of December, 2025. Let an undertaking by way of an affidavit with respect to the aforesaid be placed on record by the respondent no.2 before the next date of hearing.”
In compliance with the aforesaid order, an affidavit-cum-undertaking dated 17.12.2025, has been placed on record by respondent no. 2, i.e., Mr. Arvind Kumar Agarwal, in his capacity as Director of M/s New Model Impex Pvt. Ltd. (respondent no. 1), which reads as under:- “1. I am a Deponent/Contemnor in the above-captioned matter and fully conversant with the facts and circumstances of the case and competent to swear this Affidavit-Cum-Undertaking before this Hon'ble Court.
I state that I am currently in the occupation of the premises bearing no. Jagjivan Vidya Bhawan situated at Link Road, Jhandewalan, New Delhi- 110055 ("Subject premises")
I state that I am unequivocally and unconditionally undertaking before this Hon 'ble Court to comply with all the directions contained in the order dated 12.12.2025 in letter and spirit, without any demur or reservation.
I state that I hereby undertake before this Hon’ble Court to vacate and hand over the peaceful, vacant, and physical possession of the subject premises to the Petitioner/Trust on or before 3l st May, 2026. 5. I state that I undertake to pay a monthly rent/user charges/ mens profit, etc. of Rs. 4,50,000/-(Rupees Four Lacs Fifty Thousand Rupees Only). (including CGST and SGST) for the continued occupation of the subject premises, starting from the month of December 2025 and continuing each month thereafter until the actual date of vacation and handing over the possession. I further state that the aforesaid rent shall be paid by the 25th This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/12/2025 at 14:20:46
day of each succeeding month.
It is submitted that no part of this Affidavit is false and nothing material has been concealed therefrom”
Learned counsel appearing on behalf of the petitioner points out that in paragraph 5 the words “25th day of each succeeding month” should be read as “25th day of each calendar month”, as agreed between the parties.
Learned counsel appearing on behalf of the respondents has no objection to the same.
In view of the above, it is directed that rent/user charges in terms of paragraph 5 shall be paid by 25th day of each calendar month.
Respondent no. 2, who appears through video conferencing confirms the undertaking given by him.
In view of the above, no further directions are called for.
Accordingly, the present petition is disposed of with liberty to the petitioner to revive the same in case of non-compliance.
Date already fixed, i.e., 20.02.2026 stands cancelled.
AMIT SHARMA, J DECEMBER 18, 2025/sn/db
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/12/2025 at 14:20:46
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