Prema Sinha & Ors. vs Vinod Jain Chairman Inmacs Ltd.
2008 Latest Caselaw 1782 Del

*                   IN THE HIGH COURT OF DELHI

                              Judgment reserved on : September 18, 2008
%                           Judgment delivered on : September 29, 2008


+                           CONT. CAS.(C) No.409/2008


PREMA SINHA & ORS.                                  ..... Appellants

                    Through:      Mr. Sachin Datta, Advocate


                            VERSUS


VINOD JAIN CHAIRMAN INMACS LTD.               ...... Respondent

                    through:      Mr. Vijay K.Jain, Advocate


CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE J.R. MIDHA


1. Whether reporters of local papers may be allowed
   to see the judgment?                        Yes.

2. To be referred to the Reporter or not?           Yes.

3. Whether judgment should be reported in Digest? Yes.


: PRADEEP NANDRAJOG, J.

1. The petitioners have alleged that the respondent has

violated the order dated 1.4.2008 passed in RFA No.341/2007. The

said order was passed in an application seeking an interim order;

application being filed by the respondent who was the appellant in

the appeal, praying that till disposal of the appeal the impugned

judgment and decree ordering ejectment of the appellant in the

appeal be stayed.

2. The appellant was granted a stay upon a condition

requiring the appellant to deposit use and occupation charges @

Rs.28,000/- per month from February 2007 up to March 2008 and

thereafter @ Rs.40,000/- per month from April 2008.

3. The appeal has been disposed of by a judgment dated

26.9.2008. The appellant has been relieved of the obligation to pay

the enhanced use and occupation charges as per the interim orders.

4. For the reasons recorded in the judgment and decree

dated 26.9.2008 disposing of the appeal, relatable to the facts noted

and conclusions arrived at relieving the appellant in the appeal to

comply with the interim orders, we discharge the notice of contempt

and dismiss the contempt petition. Needless to state as recorded in

the judgment and decree disposing of the regular first appeal the

petitioners herein would be entitled to file a civil suit to recover

mesne profits after leading evidence for the period after the judgment

and decree for ejectment was passed and till possession is handed

over.

5. No costs.

PRADEEP NANDRAJOG, J.

J.R. MIDHA, J.

September 29, 2008 mm