THOMAS CHACKO Vs. MAHESH KUMAR

JUDGEMENT

(1.) Instant contempt case is filed alleging non compliance of Annexure-A1 judgment dated 19.12.2019 passed in W.A. No.2352 of 2019, by which, respondent - Bank of India, was directed to pay an amount of Rs.42,37,762/- towards the principal sale amount plus stamp duty and registration charges. Direction was also issued to pay a sum of Rs.25,000/-, as litigation charges, within ten days of the petitioner giving a letter surrendering possession of the property in question. Relevant portion of the said judgment is reproduced hereunder:

(2.) Petitioner has contended that though subsequent to the abovesaid judgment, he submitted letters dated 15.01.2020 and 20.01.2020, [Annexures-R2 & R2(a)]; one for surrendering the title deed and the other for surrender of possession, the Bank did not pay the amounts as directed by this Court. Therefore, he was constrained to issue Annexure-A3 advocate notice dated 30.01.2020 stating that he will initiate contempt proceedings. However, on 5.2.2020, respondents have paid an amount of Rs.21,27,605/-, but not paid the balance amount, as ordered by this Court.

(3.) Alleging non-compliance of the judgment in W.A. No.2352 of 2019, in its entirety, this contempt petition is filed on the grounds, inter alia, that, though the petitioner has submitted the letter as directed by this Court surrendering the title deed with all rights, including possession on 15.01.2020, the respondents attempted to delay the same by making frivolous objections. Hence, he was constrained to issue Annexure-R2(a). Petitioner has further contended that inspite of the issuance of Annexure-A3 notice, informing the Bank that he will initiate contempt proceedings, the respondents have not cared to comply with the directions of this Court.