Rajasthan High Court - Jodhpur
Bhupender Singh vs Madan Lal on 2 November, 2011
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. CIVIL CONTEMPT PETITION NO.15/2010 - BHUPENDRA SINGH V/S MADAN LAL
Order dtd.2/11/2011
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IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR.
S.B. CIVIL CONTEMPT PETITION NO.15/2010
(Bhupendra Singh V/s Madan Lal )
IN
S.B. CIVIL SECOND APPEAL NO.214/2009
Date of order : 2nd November, 2011
PRESENT
HON'BLE DR. JUSTICE VINEET KOTHARI
Mr.Manish Patel, for the petitioner.
Mr.M.C.Bhoot, Sr. Advocate assisted by
Mr.Surendra Singh, for the respondent.
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1. The learned counsel for the resopndent - contemnor relying upon the recent decision of the Hon'ble Supreme Court in the case of Atma Ram Builders Pvt. Ltd. V/s A.K. Tuli and ors. reported in (2011) 6 SCC 385 and Amar Nath Roy and ors. V/s Arun Kumar Kedia and anr. reported in (2011) 6 SCC 448 submitted that in view of payment of entire arrears of mesne profit by demand draft and vacant possession of suit premises having already been taken by the landlord in execution proceedings, though the defendant - tenant has been held guilty of contempt by judgment dtd.6.5.2011 of this Court, the punishment may not be imposed upon the respondent - contemnor and he tenders unconditional apology for the delay in compliance of the judgment dtd.7.9.2009 in second appeal no.214/2009.
2. In view of aforesaid submission, which is not opposed by S.B. CIVIL CONTEMPT PETITION NO.15/2010 - BHUPENDRA SINGH V/S MADAN LAL Order dtd.2/11/2011 2/2 the learned counsel for the petitioner - landlord, this Court taking a lenient view of the matter and instead of imposing punishment by way of civil imprisonment or fine, disposes of this contempt petition with a warning and admonition to the respondent - contemnor.
3. with the aforesaid observations, the present contempt petition is disposed of. No order as to costs.
[ DR. VINEET KOTHARI ], J.
item No.90 ss/-