Alok Sharma, J. - (1.) This contempt petition has been filed alleging deliberate breach of the order dated 30-3-2012 passed by this court on a Civil Misc. Stay Application No. 936/2012 filed along with SB Civil First Appeal No. 211/2012. Thereby the respondents therein one Maniam Properties Private Limited was restrained from creating any hurdle in the appellant removing its goods/stocks lying the in the Hypermart (of which they apparently were tenants).
(2.) It has been stated that pursuant to order dated 30-3-2012 the petitioner-as the beneficiary thereof sent 12 trucks, as detailed in para No. 6 of this petition, for removing its goods/stock from the Hypermart. Those trucks were not deliberately allowed to enter the building by the employees of Maniam Properties Private Limited and despite police help being sought for the implementation of the court's order physical force was used to prevent removal of the goods. For that a complaint under Section 186 IPC was filed by the police. All this despite the court's order dated 30-3-2012 being shown. Subsequently the court's order in issue was communicated by letters, including registered post and email. Obstruction in the removal of goods yet thereafter continued. In fact vide letter dated 31-3-2012 the counsel for Maniam Properties Private Limited required by his letter addressed to the petitioner's counsel that no action be taken to remove the goods/stock from the Hypermart till the receipt of the detailed order to be further passed by the court-as evident from the order dated 30-3-2012 itself. It has been submitted that all the respondents having actively participated in obstructing the enforcement of the court's order dated 30-3-2012 and preventing the removal of goods despite communication of the court's order, they are in contempt and be punished.
(3.) During the course of hearing a copy of the letter dated 16-5-2012 addressed by the petitioner itself to M/s. Maniam Properties Pvt. Ltd.--the respondent company before the court of which the respondents now in this contempt petition are directors and employees, has been passed over to the court by counsel for the respondents. That is taken on record as it cannot be disputed being written on behalf of the petitioner company itself. The letter indicates that the petitioner removed all its goods etc. on 9-42012 from the tenanted premises in issue before the court in its order dated 30-3-2012. The said letter states that the request to take over the keys of the tenanted premises had also been made to one Siddharth Mukherjee such that liability towards rent would thereafter not arise. Counsel for respondents submitted that no contempt as alleged in the aforesaid fact is made out and the contempt petition is only an attempt to harass the respondents.;