Uday Umesh Lalit, J. - (1.) This Contempt Petition inter alia seeks enforcement of the order dated 31.03.2017 passed by this Court in SLP(C) ..CC No.6319 of 2017 and prays for direction that the contempt petitioners be put in possession of 12 apartments indicated in the Contempt Petition. The order dated 31.03.2017 passed by this Court was to the following effect: "Taken on board. Application for exemption from filing certified as well as plain copy of the impugned order and permission to file SLP(s) without certified copy as well as plain copy of impugned order are allowed. We do not see any reason to interfere with the impugned order(s) of the High Court. The special leave petitions are dismissed. Learned Counsel for the petitioners requests that the petitioners be given some reasonable time to vacate the disputed premises in question. Having regard to the facts and circumstances and the history of the case, we deem it appropriate to grant three months' time to the petitioners to vacate the premises in question subject to the condition that the petitioners shall file an undertaking before this Court that they would so vacate. Such an undertaking be filed by the petitioners within a period of two weeks from today."
(2.) The facts leading to the filing of this Contempt Petition, in brief, are as under: a) The Modern Cooperative Group Housing Society Limited having an approved strength of 211 members passed a Resolution dated 27.12.1987 in a General Body Meeting expelling 27 members including the present contempt petitioners. It appears that there were certain resignations after such expulsion and 15 new members including the alleged contemnors herein were inducted against the vacancies. b) The expulsion of those 27 members was subject matter of challenge and finally by judgment and order dated 18.10.2010 passed by this Court in Civil Appeal No.9439 of 2003, the claim of those who were expelled, was accepted and following direction was passed: "31. Be that as it may, we have been informed by learned counsel for the parties that the Society has been taken over by the Administrator and a large number of flats remained un-allotted. The appellants have filed the information sought by them under the Right to Information Act, 2005 on 23.04.2008 which makes it clear that 15 flats bearing Nos.14, 23, 217, 324, 325, 327, 418, 421, 426, 513, 516, 619, 623 and 726 category - 'B' and 737 category - 'A' remained unallotted. In order to meet the ends of justice it is required that appellants be adjusted against the said un-allotted flats. However, the Society shall put a demand, if any, and the appellants are directed to make the payment with interest in accordance with law." c) The newly inducted members including the alleged contemnors then approached this Court by way of IA No.6-7 of 2011 which were disposed of by this Court on 03.03.2011, recording as under: "The applicants are permitted to move the Administrator/Registrar, Cooperative Societies, Delhi to vindicate their grievance and it is for them to substantiate and establish their rights. It is made clear that the applications shall be disposed of after hearing the parties as well as Society." d) The second round of litigation then began with the newly inducted members approaching Registrar Cooperative Societies submitting inter alia that relevant facts were concealed from this Court and it was not disclosed to this Court that pursuant to the draw of lots held on 20.10.2002, the newly enrolled members were put in physical occupation of said apartments. The matter was considered by the Registrar Cooperative Societies and following order was passed on 24.02.2012: "08. Meetings with Administrator were held on a number of occasions to discuss the issue of allotment in the light of the Apex Court orders dated 18.10.2010 and dated 04.03.2011 and as a consequence of those meetings, the Administrator in continuation of his letter dated 31.10.2011 sent another letter dated 11.01.2012 informing that in view of the direction of this office which were sent on 01.04.2011 for complying the orders of Hon'ble Supreme Court dated 18.10.2010, the demand letters were sent to the 14 members who were ordered to be admitted by the RCS vide his order dated 26.08.1997. Thirteen persons have deposited the amount demanded from them, however, one person, namely Shri Naurang Ram (Membership No.160) has not deposited the demanded amount. The Administrator was also called in this office, who had apprised the undersigned about the possession of society flats and the matter of occupancy of flat and other related issues were discussed thereafter in the light of subsequent order of Hon'ble Supreme Court on 04.03.2011. In consequence thereof, the Administrator met the persons occupying the 15 flats which were allotted to them in an unauthorized draw, on 01.10.2011 and 10.10.2011. On 20.10.2011 those members have also submitted documents in their possession to the Administrator in support of their claims of being the bonafide members of the society. All these documents have been forwarded by the Administrator to this office apart from forwarding the details of cheques deposited, by the 13 members. These documents were examined and thereafter, as per the direction of the Hon'ble Supreme Court, 15 unauthorized occupants of the flats in the society were called for personal hearing by the undersigned on 14.02.2012. The Administrator of the society Shri D.K. Mishra, IAS was also called to represent the society. All 15 persons or their representatives as also the Administrator were present during the hearing on 14.02.2012. The applicants re-iterated that they were allotted flats and living in the society since 2002. There are 06 persons who are still occupying flats and 09 have sold those after getting possession on 20.10.2002. 09. On the basis of the records available in this office, orders passed by the various courts as well as the Apex Court, report of the Administrator and submissions made by the appellants and the unauthorized occupants of the flats in I.A.No.6-7 of 2011, I am of the considered opinion that the self draw held on 20.10.2002 was illegal and this was never organized or regularized by this office. The Hon'ble Supreme Court of India vide its order dated 18.10.2010 upheld the order dated 26.08.1997 of the RCS. The operative part of the order dated, 26.08.1987 of the then RCS in this regard is given below:- "in the circumstances the proposed expulsions are rejected against 14 persons. The society is directed to readmit the 14 persons whose names are given below: 1. Sh. Mithlesh Jain 2. Sh. Sant Lal Gupta 3. Sh. Naurang Ram 4. Sh. Virender Kumar Jain 5. Sh. Raghbir Singh 6. Sh. Om Prakash Gupta 7. Sh. Rakesh Grover 8. Sh. Vijay Grover 9. Sh. Narender Kumar 10. Sh. Ram Saran 11. Sh. Vinod Kumar 12. Sh. Shyam Lal 13. Sh. Kashmiri Lal 14. Sh. Shiv Prasad 10. In view of the aforesaid order of the Hon'ble Supreme Court, I direct the Society to readmit the above 14 persons as members of the Society. They should be issued share certificate by the Administrator of the society immediately. With respect to the flats being occupied by the applicants, who had filed I.A. Nos.6-7 of 2011 in Civil Appeal No.5439 of 2003, these persons were admitted as members by the Society in utter violation of the provisions of law since there was no clear vacancies at that moment. Accordingly, their admission as members and consequently allotment of flats to them, cannot be recognized and same is therefore set aside." e) The aforesaid order directing those 14 persons to be re-admitted, was confirmed by the Financial Commissioner in Revision Petition Nos.119 of 2012 and 151 of 2012. The matter reached the High Court by way of Writ Petition (Civil) No.4202 of 2014 at the instance of the newly inducted members. The challenge was rejected and the following order was passed by the High Court on 31.01.2017. "16. We, therefore, dispose of the writ petitions with the direction to the RCS to draw out a seniority list of members after consultation with the Administrator. The members lower in the seniority will have to surrender and vacate the flats in their occupation in favour of the Rakesh Grover Group (14 members). We are given to understand that the members lowest in the seniority list are in occupation of flats mentioned and recorded by the Supreme Court in paragraph 31 of their order dated 18th October, 2010. This is apparently correct and this is the reason why they have filed W.P. (C)No.8553 of 2014. They would have to vacate and handover the possession of the flats to Rakesh Grover Group (14 Members). 17. The RCS will complete the aforesaid exercise within a period of two months from the date a copy of this order is received. With the aforesaid directions, the writ petitions are disposed of. All pending applications are also disposed of. No costs." (f) The order passed by the High Court was put in challenge before this Court and the special leave petitions were dismissed by this Court on 31.03.2017. In terms of the liberty granted, the special leave petitioners filed appropriate undertakings to vacate the apartments in their occupation. The undertakings were filed on 13.04.2017 and the relevant averments in that behalf are to be found in para no.15 of the present contempt petition as under:- "15. That as many as 12 persons have filed undertakings on 13.04.2017 vide Diary No.31470 before this Hon'ble Court. The names of the persons/contemnors, filed the undertaking with flat number are given herein below:- (i) Dinesh Kumar - Flat No.327 (ii) Harbinder Kaur Sarna - Flat No.623 (iii) Ritu Sethi - Flat No.325 (iv) S. Khurana (Sneh Lata Khurana) - Flat No.513 (v) Ritu Singh - Flat No.619 (vi) Anita Goel - Flat No.516 (vii) Trishala Jain alias S.B. Sharma - Flat No.426 (viii) Umesh Kr. Jain - Flat No.726 (ix) Arun Kumar Jain - Flat No.421 (x) Devender Nath Sharma - Flat No.217 (xi) Vineet Mittal - Flat No.14 (xii) Sanjay Kumar - Flat No.418"
(3.) Alleging that despite such undertakings, the alleged contemnors had failed in vacating the apartments in question and in handing over possession, the present contempt petition was filed. The notice was issued on 04.08.2017 and by further order dated 25.01.2018 status quo was directed to be maintained.;