PUSHPA JHANJI Vs. PAWAN CHOPRA

JUDGEMENT

(1.) The present petition has been filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India on the ground that the respondents have deliberately and wilfully violated the order of the court dated 28th July, 2010 passed in Review Petition No.14764/2008.

(2.) The facts as are relevant for the disposal of the petition are as follows: on 3rd November, 2008, a batch of 10 writ petitions including the one filed by the respondent No.2 herein [W.P.(C) 1444/2005], concerning the affairs of Shivaji Co-operative Group Housing Society, were disposed of vide a common judgment. These writ petitions came to be filed as disputes arose between some original members of the society who had been expelled by the Managing Committee but whose expulsion had been set aside by the Financial Commissioner and those who had been inducted as fresh members in their stead. As a result of the restoration of membership and the induction of new members, the number of flats fell short of the number of the members. The question before the court was whose claim was to get precedence over the others.

(3.) After noticing the orders passed in previous litigation between the members of the society, and after considering the claims of the restored members and the new members, the court on 3rd November, 2008 issued the following directions: