TANU GOEL Vs. GIRISH CHOPRA

JUDGEMENT

(1.) BY virtue of the present petition, the petitioners are claiming action for wilful disobedience of the orders dated 31.3.2011 and 6.4.2011 passed by the learned single judge in C.S. (OS) No. 669/2011 titled Tanu Goel & Anr. Vs. Girish Chopra & Ors.

(2.) BRIEFLY stated the facts of the case are that the petitioners filed a suit for specific performance against the respondents. Along with the suit, an application bearing No. 4427/2011 under Order 39 Rule 1 & 2 CPC was filed for an ex parte ad interim injunction in respect of the third floor of property No. 9, Sukhdev Vihar, New Delhi and terrace rights thereon, as it was alleged by the petitioners that the respondents had agreed to sell the same to them.

(3.) IT is the case of the petitioners that after the decree was passed, the petitioners had paid the amount to the bank with whom the documents of title were alleged to have been pledged by the respondents. It is further stated that when the petitioners requested the respondents, by issuance of a notice, to perfect the title of the present petitioners, they learnt about the fact that there was a matter pending before the Debt Recovery Tribunal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, inasmuch as the petitioners had sold the aforesaid property to a third party during the subsistence of an ad interim order. It is alleged by the petitioners that this fact was learnt by them only after passing of the decree and consequently as the aforesaid sale transaction, done by the respondents during the pendency of the ad interim order in the year 2012, was in violation of orders dated 31.3.2011 and 6.4.2011, they have filed the present petition for initiation of contempt action.