ANIL KUMAR SANGHVI Vs. KAMALABAI

JUDGEMENT

(1.) This Is An Application For Initiating A Contempt Proceeding Against The Respondents For Not Complying With The Order Dated 1-10-2007 Passed In Slp (C) No. 17486 Of 2007 Filed At The Instance Of The Applicant Landlord. By The Said Order, We Had Dismissed The Special Leave Petition But Granted Time To The Tenant Contemnors To Vacate The Premises In Question By 31-3-2008, In Which The Contemnors Were Tenants Under The Applicant Landlord. In The Aforesaid Order, We Also Directed The Tenant Contemnors To File An Undertaking To Vacate The Premises On Conditions I.E (I) To Pay All Arrears Of Rent, And (Ii) To Deliver Peaceful And Vacant Khas Possession To The Applicant Landlord On The Expiry Of The Period Mentioned Above.

(2.) In Compliance With The Abovesaid Direction, An Undertaking Was Filed In This Court By The Tenant Contemnors Saying That They Shall Vacate The Premises By 31-3-2008 And Also Pay The Arrears Of Rent. However, This Order Has Not Been Complied With. Although The Time To Vacate The Premises Had Expired On 31-3-2008, But The Possession Has Been Delivered To The Applicant Landlord Only On 14-7-2009, That Is, After Filing The Contempt Application Before Us.

(3.) In Our View, The Aforesaid Facts Would Clearly Show That The Conduct Of The Tenant Contemnors Is Contemptuous And Therefore, Strong Action Should Be Taken And Proceeding For Contempt Should Be Initiated Against Them. But Considering The Fact That The Possession Of The Premises In Question Has Already Been Delivered, Though Belatedly, We Feel It Proper In The Facts And Circumstances Of The Case, Not To Initiate The Contempt Proceeding Against The Tenant Contemnors But Only To Direct Them To Pay All The Arrears Of Rent To The Applicant Landlord And In Addition To Pay Costs Of Rs 30,000 To The Applicant Landlord For Illegally And Deliberately Delaying In Delivering Possession Of The Premises In Question In Spite Of Filing An Undertaking In This Court. Such Payment Shall Be Made Within 4 Weeks From This Date.