R.L.ANAND, J. - (1.) MESSRS Punjstar Standard Electronics Limited- Petitioner has filed the present contempt petition under Section 12 of the Contempt of Courts Act, 1971 against Shri Baljit Singh Sandhu, Chairman Messrs Pinnacle Group of Companies Regd. and it has been prayed by the petitioner that the respondent has willfully disobeyed the order dated 29th October, 1999 passed by the Court of Civil Judge (Junior Division), Kharar.
(2.) THE brief facts of the case are that the petitioner entered into lease/rent deed with Messrs Pinnacle Group of Industries vide which it was agreed upon to lease out the half portion of the main hall of the factory measuring about 7200 sq. feet and one lavatory block measuring about 300 sq. feet from the total area of the factory which is 6.2 acres i.e. 2,70,000 sq. feet. The monthly rental agreed upon was Rs. 62,000/- between the parties w.e.f. 1st February, 1999. It was also agreed upon with the tenant that if the tenant desired more space, it could occupy approximately 1,00,000 sq. ft. of the uncovered area around the building. The respondent Messrs Pinnacle Group of Companies did not abide by the terms of the lease/rent deed, as a result of which, the petitioner filed a suit for permanent injunction restraining the defendant company from interfering in any manner in the site plan shown as A B C E and further it was prayed by the petitioner that the respondent-defendant be restrained from raising any construction or addition. The suit came up for hearing before the learned Civil Jude (Junior Division), Kharar on 21st July, 1999 and the learned Civil Judge (Junior Division) passed the following order : Office report seen. It be registered. Along with the main suit an application has been filed under Order 39, Rules 1 and 2 C.P.C. which is accompanied by duly sworn affidavit, copy of site plan, rent deed, etc. Finding a prima facie case at this stage for the grant of an ex parte status quo order, the parties are directed to maintain status quo regarding possession and permanent construction in the suit property except in due course of law. Compliance to be made. Notice to suit and stay application be issued on PF, copy for 23.7.1999. Dasti process is to be taken to ensure service.
(3.) THE case was adjourned to 29th October, 1999 on which date the defendant made a statement before the Court that it will comply with the order dated 21st July, 1999 and Mela will be organised only in the property taken over through lease deed dated 13.11.1998. On this statement of the defendant, the learned Civil Judge (Junior Division), Kharar passed the following order : "Heard. Counsel for plaintiff seeks police help on basis of application dated 26.10.1999. On notice the said application has been opposed. The rent deed, various advertisements etc. are on the file. The counsel cited 1999 Supplementary Civil Court Cases page 371 vide order dated 21.7.1999 status quo regarding possession and permanent construction was ordered with respect to the suit property. The written statement has not yet been filed. The counsel for the defendant has made a statement in Court today for ensuring compliance of order dated 21.7.1999 and undertaking that the Mela will be organized only in the property taken through lease deed dated 13.11.1998. In these circumstances, I am of the view that at this stage no direction on the application dated 26.10.1999 is necessary and the case is adjourned to 10.11.1999 for filing written statement." ;