MADAN LAL MAIHOTRA Vs. CLARKS HOTEL P LTD

JUDGEMENT

(1.) This appeal is directed against the judgrnent of a learned Single Judge holding the appellant guilty for contempt of court and directing the detention of the appellant in civil prison for a period of four rnonths in addition to the payrnent of fine of Rs. 2,000/-. There is also an appeal for enhancernent of sentence.

(2.) The rnain question which falls for deterrnination in this appeal is whether the undertaking given by the appellant was to the court. It is not denied that an undertaking was in fact given. The learned counsel for the appellant has been at pains to show that) the undertaking was not given to the court and therefore, the appellant could not be held guilty.

(3.) Now to the facts. M/s. Clarks Hotel Private Ltd., (referred to as the plaintiff) in running a hold on the Mall Sirnla. There was a vacant plot in front of this hotel. This plot forrned a part of the estate known as Tal bot House. A rnulti-storeyed shop curn-hotel building was planned to be put up there. A building plan was subrnitted by the appellant to the Municipal Corporation, Sirnla. The plan was sanctioned. The plaintiff appealed to the Deputy Cornrnissioner, Sirnla, who rernanded the case to the Municipal Corporation. However, the appellant continued with the construction. The plaintiff, therefore, filed a civil suit No. 28 of 1978. It was, inter alia, prayed that the appellant be restrained frorn rnaking any construction.