Kushalchand Singhvi vs. Star Educational Supplying Co.

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

CONTEMPT CASE No.814 of 2013

Date:28.08.2013

ORDER:

This Contempt Case is filed alleging wilful violation of undertaking affidavit dated 23.01.2012 filed in the Registry in pursuance of orders dated 28.01.2012 in C.R.P.Nos.5119 and 5430 of 2011.

The orders passed by this Court from time to time in the Contempt Case, as recorded in the proceedings sheet, are self-speaking. These orders, therefore, shall form part of this order.

Today, at the hearing, Mr. S. Balchand, learned counsel for the petitioners, and Mr. V. Srinivas, learned counsel for the contemnor, have submitted in the presence of the contemnor that the latter has handed over key and vacant possession of the shop in question to the petitioners through their counsel Mr. S. Balchand. Mr. S. Balchand, has shown the key to the Court at the hearing and stated that the contemnor has complied with the undertaking given in his affidavit by handing over the vacant possession of the shop to his clients.

Though I am of the opinion that the contemnor has tried to violate the undertaking given by him by raising specious pleas, as he has finally complied with the undertaking given in his affidavit by handing over vacant possession of the shop to the petitioners and considering his age, I take a lenient view of his conduct and close the contempt proceedings.

Accordingly, the Contempt Case is closed by placing on record the statement of the contemnor that he has voluntarily delivered the vacant possession of the shop which is subject matter of R.C.No.596 of 1999 on the file of the IV Additional Rent Controller, Hyderabad, and R.A.No.94 of 2009 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad, and the contemnor is discharged from the contempt proceedings.

As a sequel to disposal of the Contempt Case, C.A.No.759 of 2013 shall stand disposed of as infructuous.

____________________________ C.V. NAGARJUNA REDDY, J.

28.08.2013 KH