AMARJIT SINGH Vs. MAYA RAM

JUDGEMENT

(1.) This judgment of mine would dispose of two contempt petitions i.e. Civil Original Contempt Petition No. 757 of 1991 and Civil original Contempt Petition No. 760 of 1991, as both have arisen out of an Order passed by a Division Bench of this Court on 29.7.1991, which reads as under :-

(2.) The case of the petitioner in Civil Original Contempt Petition No. 757 of 1991 against Maya Ram is that the respondent did not shift the khokha within a period of 10 days from the disputed place to another place within the territory of Haryana and, therefore, he is guilty of a breach of the undertaking given by the respondent Maya Ram before this Court. The case of Maya Ram, in Civil Original Contempt Petition No. 760 of 1991 is that despite the fact that he had shifted his khokha to a place in Haryana, respondent Nos. 1 and 2 on the instigation of respondent No. 3, Ashok Kumar, partner of M/s. Amarjit Singh and Company raided the vends of the petitioner Maya Ram on 9.8.1991 and removed the entire stock in trade which was lying in the khokha, which is valued about Rs. 3 lacs.

(3.) The conduct of the respondents has been described to be contumacious on the part of the respondents showing disrespect to the order of this Court. The parties to both the contempt petitions have filed their replies. The defence of Maya Ram in Civil Original Contempt Petition No. 757 of 1991 is virtually a ground of attack in the contempt petition filed by him. Similarly, the averments made by M/s. Amarjit Singh and Company in the contempt petition filed by Maya Ram is an allegation in the contempt petition filed by him. The precise question which has arisen before this Court is as to when the khokha was removed.