SHOBHANA RADHAKRISHNAN Vs. R KRISHNAMOORTHY

JUDGEMENT

(1.) 1. The Contempt Appeal is directed against the order dated 30. 12. 2002 passed in Contempt Application No. 481 of 2002.

(2.) A brief resume of the facts leading to the present Contempt Appeal may be stated as follows:

(3.) AGGRIEVED by the Order of warning, the present contempt appeal is filed. Mr. Sriram Panchu, learned Senior Counsel would submit that there had been no breach of undertaking as could be seen from the various communications exchanged between the appellants and the respondents. He would submit that initially by Order dated 08. 01. 1998, this Court had recorded the undertaking given by the appellants that they will be available in the house in all reasonable hours and the keys to open the grill door leading to the terrace is always kept by him and in case he leaves the place for any reason, the keys will be handed over to the watchman for attending the repairs or break-down in the lift or for access to overhead tank and also for adjusting the television antennas. The undertaking relates to handing over of the keys to the watchman was modified and the appellants undertook to handover the keys to the Secretary of the association of the flat owners of which the respondent is also a member. When the respondent had issued notice on 09. 10. 2001 alleging the breach of undertaking and the refusal of the appellants to handover the keys to open the terrace to have access, by a reply dated 15. 10. 2001 the appellants had denied such allegations of violation of undertaking given before this Court. By a subsequent letter dated 11. 06. 2002 addressed to the appellants on behalf of the respondent a request was made by the respondent to handover the keys of the wing where the respondent resides to carry out the repair and to do necessary precaution before the summer rain starts as there had been some cracks and water seepage in the roof portion. In response a letter dated 26. 06. 2002 from the appellants counsel it was informed that such repairs can be carried on by the appellants themselves on getting an expert Engineer's estimate.