ISHWAR INDUSTRIES LTD Vs. CROCUS CHATTELS PVT LTD

JUDGEMENT

(1.) <DJG>SWATANTER KUMAR, J.</DJG> This is a petition under Sections 10, 11 and 12 of the Contempt of Courts Act, 1971 filed by the petitioner against respondent Nos. 1 to 3 (defendants in the original suit No. 80/ 2003) and respondent Nos. 4 to 11 (not defendants in the original suit) praying that the contempt proceedings be initiated against the respondents and they be punished in accordance with law.

(2.) The petitioner filed a suit in the High Court of Delhi at New Delhi being Suit No. 2041/97 for declaration and injunction against the defendants in that suit. The relief prayed was that the defendants be directed to carry out and complete construction in block No. 5 of Tribhuvan Complex, Ishwar Nagar, New Delhi in accordance with the sanctioned plan. Along with the suit, an application under Order 39 Rules 1 & 2 read with Section 151 CPC was also filed by the plaintiff. On 25.9.1997, the court passed the following order on that injunction application & suit:-

(3.) The said suit was transferred because of change in the pecuniary jurisdiction of this court to the court of learned District Judge and is presently pending in the court of Ms. Shail Jain, ADJ, Delhi being Suit No. 80/2003. It is the case of the petitioner that respondent Nos. 1 to 6 have carried out unauthorised constructions in Block No. 5 under their occupation and have committed serious violations of the sanctioned plan. It is further averred that the MCD on 17.4.2003 issued an order of demolition with regard to unauthorized construction in Block No. 5. The respondent NOs. 1 to 3 have failed to remove the unauthorized construction and are contesting the proceedings. They are aware of the order dated 25.9.1997 by which they were directed not to create any third party interest. But the said respondents have, somewhere after passing of this order, created third party interest. The allegations have been summed up in paragraph No. 6 of the petition which reads as under:-