VINOD K.SHARMA, J. - (1.) BY way of present revision petition, the petitioner had challenged an order passed by the learned Additional Civil Judge (Junior Division), Faridabad, as Executing Court.
(2.) THE respondent M/s International Core Oils Limited had filed a suit for mandatory and permanent injunction against the petitioner herein which was partly decreed and the learned Trial Court was pleased to order as under :- "As per my findings on foregoing issues, the suit of the plaintiff for mandatory injunction and permanent injunction is partly decree to the effect that the defendant is directed to stop causing high vibrations and noise created by hammer of 3 ton and 5 ton by installing proper vibrations absorbing material around the hammers with strengthening foundation of hammers within six months from the date of this judgment, failing which the defendant is restrained from working or performing drop forging hammers of 3 ton and 5 ton permanently. Remaining claim of the plaintiff is dismissed. Counter-claim of the defendant is also dismissed. Keeping in view the circumstances of the case, both the parties are left to bear their own costs. Decree sheet be prepared accordingly. File be consigned to the record room." The petitioner thereafter moved an application under Order 21 Rule 32 of the Code of Civil Procedure (for short the Code) for enforcement of the injunction order and the learned Executing Court was pleased to pass an order on 9.9.2000, the operative part whereof reads as under :- "In compliance of decree dated 24.4.1999, the judgment debtor filed the photo copies of receipts dated 15.5.99, 22.5.99, 19.6.99, 24.6.99, 18.6.99, 26.6.99 respectively regarding the removing and installing the pillor of hammer Nos. 4 and 5. The JD also produced the advise of Rattan Lal consultant Chartered Engineer who inspected the foundation of hammer No. H4 capacity 3 ton and H5 capacity 5 ton and made his report that anti-vibration pads and necessary civil works completed at the site but the JD failed to produce the receipt of purchasing the vibration pads and to drill 6" dia bore holes at 5' centre to centre and taking the depth of these bores well below the foundation level that is 30' below the existing ground level, back filling these bore holes with jamuna sand. The decree dated 24.4.99 was passed against the judgment debtor directing the JD to stop causing vibrations and noise created by hammers of 3 ton and 5 ton by installing proper vibration absorbing material around the hammers and strengthening foundation of hammers within six months from the date of judgment, failing which the defendants were restrained from working drop forging hammers of 3 ton and 5 ton permanently. In compliance of the decree, JD failed to reduce the vibration around the hammers with strengthening foundation of hammers within six months and to stop causing high vibrations and noise created by hammers in dispute. The documents placed on file by the JD are not sufficient to establish that the vibrations has stopped by JD. In these circumstances, the JD did not comply the decree dated 24.4.99. So JD is directed to stop the complete working of hammers No. 3 ton and 5 ton permanently with immediate effect. On 17.10.2001 this Court was passed to pass the following order : "After making some submissions, the learned counsel for the parties state that they would be agreeable to appointment of an expert to go to the premises of the petitioner and verify whether still there are any vibrations and if he is of the opinion that the vibrations still exist, he would suggest the ways and means for reducing them, which the petitioner would remove within a month. The learned counsel for the parties seek an adjournment to suggest the name of the expert. Adjourned to 26.11.2001."
(3.) IN pursuance to the order passed by this Court, the respondent herein moved CM No. 6916-CII of 2002 and gave names of Dr. P.V. Gupta, Mechanical and Electrical Engineer, Former Principal of Thapar Engineering College, Patiala and Dr. B.L. Dhupar Former Professor and Head of Department of Mechanical Engineering, IIT, Kanpur to be appointed as an expert to visit the spot and see the effect of the four hammers of the petitioner on the building of the respondent.;