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Harish Tandon vs Suresh Kumar Jaiswar on 22 January, 2015

Bench: Fakkir Mohamed Ibrahim Kalifulla, Abhay Manohar Sapre

                                             IN THE SUPREME COURT OF INDIA
                                            ORIGINAL APPELLATE JURISDICTION

                 CONMT.PET.(C) No. 314-315/2014 In SLP(C) No. 24756-24757/2013

                         HARISH TANDON                                            Petitioner(s)
                                                          VERSUS

                         SURESH KUMAR JAISWAR & ORS                              Alleged Contemnor(s)/
                                                                                 Respondent(s)
                                                          O R D E R

In these contempt petitions the violation as well as disobedience is alleged with reference to the order dated 31.7.2013 in and by which, while confirming the order of the High Court dated 15.1.2013 in C.W.P No.60429/2005 and order dated 4.7.2013 in C.W.P No.33925/2013, the respondents/alleged contemnors were granted six months' time to vacate the premises in their occupation subject to furnishing of usual undertaking before this Court within a period of two weeks. Pursuant to the said order of this Court an undertaking affidavit was also filed on 3.8.2013 agreeing to vacate the premises within six months' time.

It was in the above-stated background contempt petitions were moved and initially notices were issued and at one point of time finding malingering attitude adopted by the respondents, order of arrest was directed to be issued against the contemnors. They were also duly arrested and were produced before the Court. They were put in civil prison, as Signature Not Verified Digitally signed by Narendra Prasad directed in our order dated 13.10.2014.

Subsequently, the counsel who appeared for the contemnors pleaded that the contemnors 1 belong to very poor strata of the society and were willing to negotiate for an amicable settlement with the petitioner as regards the handing over of possession. In order to enable the contemnors to work out an amicable solution, they were granted temporary relief by our orders dated 14.11.2014.

However, we find that subsequently the contemnors were adopting various tactics such as withdrawing the appearance of their previous counsel and by authorizing Mr. N.N. Jha, Advocate, to appear on their behalf and thereby nullifying the efforts taken for an amicable settlement. Today, Mr. Jha, Advocate, who presently filed Vakalatnama/Appearance also makes a statement that the clients have withdrawn the Vakalatnama/Appearance issued in his favour and is no longer appearing for the contemnors.

In the above-stated background, we are of the view that since the basic order was passed by the Allahabad High Court in the writ petitions referred to above, the petitioner can be permitted to move the High Court and seek for appropriate relief for the implementation of the orders of the High Court dated 15.1.2013 in C.W.P No.60429/2005 and order dated 4.7.2013 in C.W.P No.33925/2013. We are convinced that the High Court would be in a better position to monitor the proceedings for effective implementation of its order. With that liberty to the petitioner these contempt petitions stand disposed of.

 The petitioner, if so advised, shall move the High Court, as directed in our order, within one month from today. We request the High Court to dispose of any such application expeditiously.

................................J. [FAKKIR MOHAMED IBRAHIM KALIFULLA] ................................J. [ABHAY MANOHAR SAPRE] NEW DELHI;

JANUARY 22, 2015.

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ITEM NO.28                   COURT NO.8               SECTION XI

                S U P R E M E C O U R T O F        I N D I A
                        RECORD OF PROCEEDINGS

CONMT.PET.(C) No. 314-315/2014 In SLP(C) No. 24756-24757/2013 HARISH TANDON Petitioner(s) VERSUS SURESH KUMAR JAISWAR & ORS Respondent(s) (with appln(s) for discharge of advocate for alleged contemnors and office report) Date : 22/01/2015 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. S.G. Hasnain,Sr.Adv.

Mr. Dinesh Kumar Garg,Adv. Mr. Deepak Mishra,Adv.

For Respondent(s) Mr. Manoj Kumar Mishra,Adv.

Mr. Bharat Ram,Adv.

Ms. Mamta,Adv.

Mr. Prashant Chaudhary,Adv.

Mr. N.N. Jha,Adv.

Mr. B.B. Sharma,Adv.

UPON hearing the counsel the Court made the following O R D E R The contempt petitions are disposed of in terms of the signed order.

  (NARENDRA PRASAD)                             (SHARDA KAPOOR)
    COURT MASTER                                 COURT MASTER

(Signed order is placed on the file) 4