GULSHAN KUMAR ARORA Vs. ASHWANI SHUKLA

JUDGEMENT

(1.) IN this suit for specific performance of two separate agreements of sale entered into between the plaintiff and defendant nos.1 and 2 sometime in the year 2004 in respect of their half undivided share and interest in the terrace floor of property no. B-4/195, Safdarjung Enclave, New Delhi (hereinafter to be referred to as 'the terrace in dispute') this Court had vide order dated 20th April, 2005 directed maintenance of status quo in respect of the ownership, possession etc. of the terrace in dispute. The defendant no.1 had allegedly sold his undivided share to one Sikander Pal in violation of the said direction of the Court. Upon an application having been filed by the plaintiff under Order XXXIX Rule

(2.) -A C.P.C. the defendant no.1 was held guilty by this Court vide order dated 2nd July,2012 of having sold his share in the terrace in dispute in violation of this Court's status quo order dated 20th April, 2005. He was directed to deposit in Court the sale consideration which he had received from the buyer Sikander Pal and also to pay fine of five lacs of rupees within a period of six weeks and in default he was ordered to suffer simple imprisonment for three months. It was also declared that the transaction between the contemnor and Sikander Pal shall be of no consequence. 2. Subsequently, this Court vide order dated 21st August,2012 had permitted the contemnor to make the deposit by 16 th October,2012 subject to his furnishing his an undertaking to that effect. He did not make the deposit and again vide order dated 16th October, 2012 the contemnor was granted further time of one week for making the deposit in Court but this time with interest @ 6% p.a. w.e.f 2 nd July, 2012, when he was held guilty, and it was also ordered that in case of default the plaintiff would be liberty to move an application for lodging the contemnor to civil prison. Since the contemnor even this time did not deposit the money in Court within the extended time as per the order dated 2nd July, 2012 the plaintiff moved the present application for sending the contemnor to prison.

(3.) THE contemnor, however, did not deposit the amount of Rs. 27,50,000/- in court and instead surrendered himself before the Registrar General of this Court on 10th July, 2013 and was taken into custody and sent to jail to serve out the sentence of three months simple imprisonment awarded vide order dated 2nd July, 2012.