GOPAL K UPADHYAY Vs. RAMESH CHANDRA

JUDGEMENT

(1.) Heard Counsel on both sides.

(2.) This Court disposed of the Civil Appeal on 20th October, 1997. At time of the disposal of the said matter, the first Respondent pleaded time for vacating the premises and six months' time was granted subject to the first Respondent filing an undertaking within two weeks thereafter. No such undertaking was filed within the said period nor was any extension sought for from this Court. In the meantime, the first Respondent's brother-in-law and another person (who are Respondents 2 and 3) filed two suits for injunction and obtained interim orders. Thereafter, the Landlord - Petitioner in this Contempt Case, approached this Court by filing this Contempt Case and notice was issued on 20th January, 1999. After the Respondent came to know about the Contempt notice issued by this Court, the two persons who filed the suits, withdrew their suits on 11.3.99. But the Miscellaneous Appeals filed by them against the orders passed in the injunction application were still pending. Subsequently, they were also withdrawn. The first Respondent and his brother-in-law and another person have filed affidavits apologising to this Court for their conduct. We may also state that possession was delivered to the Petitioner only after this Court further directed the concerned Court to see to it that the Petitioner was given possession.

(3.) In the circumstances of this case we are of the view that all three Respondents are guilty of deliberate violation of the orders of this Court. We hold them guilty of such violation. However, we are not inclined to pass any order of imprisonment, but in the circumstances of the case, we direct the first Respondent to pay, by Demand Draft to be taken in the name of the Petitioner, a sum of Rs. 5,000. 00. This will be done within a period of two weeks from today.