RAJ SINGH GEHLOT Vs. PARDIAM EXPORTS PVT LTD

JUDGEMENT

(1.) This Appeal assails the Order dated 11.9.2009 of the learned Single Judge passed on the Defendant's application under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Order XXXIX Rules 1 and 2A of the Code of Civil Procedure, 1908 (CPC for short). The learned Single Judge, after discussing threadbare the rival stands and submissions, had, inter alia, held as follows:-

(2.) The first Order passed in the proceedings of the Suit before the learned Single Judge was on 9.1.2008. It restrained the Defendants as also its employees, officers, assigns, etc. from creating any third party interest, encumbering or parting with the possession or changing the Layout Plan of the Shops bearing No. G-48 and G-49 (new No.G-42 and G-43) in Ambi Mall at Plot No.2, Vasant Kunj, New Delhi till the next date of hearing. This Order has not been recalled.

(3.) There appears to be a typographical error in the impugned Order inasmuch as the learned Single Judge has alluded to an Order dated 28.5.2009 which, in fact, refers to the response of the Defendant/Appellant to the Contempt Petition wherein he has admitted that the shops in question can be clearly demarcated and that the partition walls can be put up without any difficulty. A Local Commissioner was appointed on two occasions and his Reports have been perused by us. Learned Counsel for the Respondent insists that there has been a violation of the Order of the Court justifying the filing of the subject application for initiation of contempt of Court proceedings. Since no cross-appeal/Objections have been preferred, it is patent that the Respondent has no grievance in respect of the absence of any punishment being imposed on the Appellant by the learned Single Judge.