SHIKHA DEVELOPERS LIMITED Vs. AJAY SUBA

JUDGEMENT

(1.) Ms. Shikha Developers Ltd. had filed a suit for possession and recovery of mesne profits. In the said suit an order was passed directing M/s. M.S. Associates to deposit arrears of rent. Aggrieved by the said order a Civil Revision was filed. It was No.744 of 1995. On October 26, 1995 the said revision petition was disposed of with an order that out of the arrears of rent Rs.10 Lakhs would be paid by 9th of November, 1995 and the remaining amount would be paid in monthly instalments of Rs.1,50,000.00 commencing from 10th of each succeeding month. It appears that it was a consent order and the tenant was directed to file an undertaking in terms of the order referred to above.

(2.) The grievance of M/s. Shikha Developers Ltd. is that the said order was not complied with wilfully and contumaciously and that consequently civil contempt was committed. Hence, this CCP.No.35/96.

(3.) It is not disputed before me that the consent order as referred to above was passed and that though in terms of that order M/s. M.S. Associates was required to pay Rs.10 Lacs by 9th of November, 1995 and remaining amount in monthly instalments of Rs.1,50,000.00 each, the amount due was not paid in time and that it was only on April 17, 1996 that the entire amount due, i.e. Rs.24,75,000.00 was paid.