(1.) THE present contempt petition has been filed by the petitioner, Sanjay Gupta, against respondent No. 1, Rajiv Gupta and his sister -in -law (respondent No. 2), Alka Gupta on account of the alleged wilful disobedience of the judgment dated 9.1.2006.
(2.) BEFORE dealing with the allegations of contempt, it would be worthwhile to give brief background of the case. Rajiv Gupta, respondent No. 1 herein, filed a suit for partition, rendition of accounts and injunction in respect of the properties allegedly owned and possessed by his father L.R. Gupta in the capacity of karta of HUF. The details of the immovable properties were mentioned in schedule 'A' attached to the plaint and details some of the properties were given in schedule 'B'. Sanjay Gupta, present petitioner and their mother, Smt. Pramod Gupta was also impleaded as defendants.
(3.) THE respondent, Rajiv Gupta, and his other family members were not to claim any remaining properties, the details of which are given in schedules 'A' and 'B' of the suit. These properties were (i) 14, Anand Lok, New Delhi; (ii) House No.A -2/14, Safdarjung Enclave, New Delhi; (iii) 47, Amrita Shergill Marg, New Delhi; (iv) Dabur Farms, Village Bijwasan; (v) Pramod Farms, Village Chadanhola, Delhi; (vi) Flat No. 34, Hailey Road, New Delhi and (vii) a plot in Vrindavan measuring 2000 square yards. These properties were either owned in the name of Sanjay Gupta, L.R. Gupta or various companies, details of which are mentioned in the contempt petition of which Rajiv Gupta and his wife, Alka Gupta, were also the Directors. It is alleged that respondent Nos. 1 and 2, that is, Rajiv Gupta and his wife, Alka Gupta, after having got benefit in terms of the compromise order having been passed by the court in I.A. No. 220/2006 have claimed themselves to be the Directors of the company in terms of the compromise having been arrived at. For this purpose, various letters/correspondence have been exchanged between the respondents and the Registrar of Companies apart from lodging of FIRs, etc. It is alleged that they are in wilful disobedience of the order passed on 9.1.2006 by the court on the basis of the compromise application.