METHODIST HIGH SCHOOL Vs. MANOHAR LAL

JUDGEMENT

(1.) VIDE order dated 28.10.2009, the respondent had given an undertaking before this Court that he will hand over the vacant possession of the demised premises to the petitioner. The respondent failed to hand over the vacant possession. Thus, the present application was moved by the petitioner for revival of the aforesaid contempt petition.

(2.) UPON notice, the respondent came present before this Court on 16.12.2009 and was duly represented by his counsel; however, he could not submit any plausible justification for not honouring his undertaking given before this Court. Thus, this Court, prima facie held the respondent guilty of committing contempt of this Court. However, it was deemed appropriate to grant him one more opportunity to hand over the vacant possession of the premises in question and accordingly, the case was ordered to be listed on 21.12.2009.

(3.) IN view of the aforesaid request, the case was ordered to be listed for today and the presence of the respondent was directed to be secured through non-bailable warrants. Today, the respondent has been produced before this Court by Sh. Chottu Ram, SHO, Police Station City, Sonepat, in execution of the non-bailable warrants issued by this Court. An affidavit has been filed on behalf of the respondent submitting an unconditional apology for disobeying the orders passed by this Court. It has been further submitted in the affidavit that the respondent could not be present before this Court due to his illness and for that very reason, he could not hand over the possession of the demised premises. It has also been submitted that in compliance of the orders of this Court, the wife of the respondent has handed over the vacant possession of the demised premises to the authorities of the petitioner-School.