HUKUM CHAND DESWAL Vs. SATISH RAJ DESWAL
SUPREME COURT OF INDIA (FROM: DELHI)
Hukum Chand Deswal
Satish Raj Deswal
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A.M.KHANWILKAR, J. -
(1.)This contempt petition has been filed by the original plaintiff (in CS(OS) No. 2041/2013 filed in High Court of Delhi at New Delhi), under Article 129 of the Constitution of India read with Sections 12 and 14 of the Contempt of Courts Act, 1971 and read with Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975 in reference to the order dated 22.2.2019 passed by this Court in SLP(C) Nos. 5147/2019 and 5350/2019, which reads thus: -
 For short, "the High Court"
 For short, "the 1971 Act"
 For short, "the 1975 Rules"
"We are not inclined to interfere with the Special Leave Petition.
However, we accede to the request made by the petitioner to grant four weeks' time to vacate the suit premises. That shall be subject to payment of all the outstanding dues/arrears and filing undertaking before this Court within two weeks' from today.
It is made clear that if the premises are not vacated as per the undertaking, it will be viewed sternly.
The Special Leave Petition is disposed of accordingly. All IAs are also disposed of."
(2.)The gravamen of the grievance of the petitioner/original plaintiff is that the respondent [defendant in CS(OS) No. 2041/2013] failed to file undertaking, as also, to pay the outstanding dues before vacating the suit premises and further, caused damage to the property before handing over possession thereof to the petitioner on 22.3.2019. Thus, the respondent committed wilful disobedience of and violated the directions given by this Court vide order dated 22.2.2019.
(3.)Shorn of unnecessary factual details, suffice it to observe that the petitioner - M/s. Jingle Bell Amusement Park Pvt. Ltd. (represented by its Director - Mr. Hukum Chand Deswal) had filed the aforementioned suit for permanent injunction, possession and for recovery of rent and damages/mesne profits till the recovery of possession in respect of the property bearing No. 41/24, 25, 42/20, 50/1, 51/4 min at Village Alipur, Tehsil-Delhi, Delhi against the respondent - Sagu Dreamland Pvt. Ltd. (represented by its Managing Director - Mr. Satish Raj Deswal).
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