SURESH JAIN Vs. RP CHAUDHARY

JUDGEMENT

(1.) Heard the learned counsel for the parties at length and also considered the statement of the complainant recorded during the contempt proceedings initiated under Order 39 Rule 2A Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC').

(2.) The case set up on the application moved under Order 39 Rule 2A CPC was that the appellant had made further construction after an interim order was passed by the learned Commercial Court No.1, Jaipur (hereinafter referred to as 'Commercial Court') on 2/7/2019 and, therefore, has violated the order passed by the Commercial Court. The learned Commercial Court proceeded to examine the application moved under Order 39 Rule 2A CPC and evidence was led on behalf of the respondent/applicant. After the cross-examination was conducted, the Commercial Court proceeded to pass the impugned order on 24/8/2021, which was subsequently corrected vide order dtd. 13/9/2021 and it was directed to attach the property of the appellant and also send the appellant to civil jail for a period of 15 days for committing contempt of the order dtd. 2/7/2019.

(3.) The present appeal was filed by the appellant wherein he stated that on 2/7/2019, an order was passed by the Commercial Court to maintain the status quo with regard to new constructions only and alienation. It is his submission that so far as the property is concerned, no new construction was done after passing of the order dtd. 2/7/2019. However, with a view to coerce the appellant, an application was moved immediately on 5/7/2019 under Order 39 Rule 2A CPC.