Shri Krishan Kumar Aggarwal vs M/S National Manufacturing ...
2014 Latest Caselaw 2737 Del

*           HIGH COURT OF DELHI AT NEW DELHI

+          Cont.Case (C) No.354/2013 in RSA No.113/2010

                                                Decided on: 27.05.2014


    SHRI KRISHAN KUMAR AGGARWAL                       ..... Petitioner

                      Through:       Mr. Sanjiv Sindhwani, Senior
                                     Advocate with
                                     Mr. Amit Andlay & Mr. Arun
                                     K.Sharma, Advocates.
                            versus

    M/S NATIONAL MANUFACTURING CORPORATION LTD
                                          ..... Respondent.
                 Through: Mr. P.C. Dhingra, Mr. P.S. Bindra
                          & Mr. P. Choudhury, Advocates.

    CORAM:
    HON'BLE MR. JUSTICE V.K. SHALI

    V.K. SHALI, J.

1. This is a contempt petition filed by petitioner against the

respondents for wilfully disobeying the order of the court dated

19.03.2013. Subsequent to issuance of notice, the respondent

Nos.2 to 5 were discharged vide order dated 28.05.2013 and only

respondent No.1 Sh.Nitin Mehra, who is the son of late Sh. Vijay

Mehra, was directed to file the reply. Vide order dated 19.03.2013 passed in RSA No.113/2010, the court had directed the parties to

maintain the status quo on the basis of CM No.4757/2013 filed by

the petitioner/Sh.Krishan Kumar Aggarwal. The allegation made

in the application was that the respondents were carrying out

demolition/construction on the first floor of the property bearing

No.M-26, Greater Kailash, Part-I, New Delhi with a view to cause

damage to the structure.

2. The respondents filed their reply. The petitioner had placed

on record certain photographs to show the leakage and seepage of

water on the ground of the property in question. No doubt the order

of status quo was passed against the respondents but there are

allegations of damages having been caused because of which

leakage and seepage of water has taken place in the portion of the

petitioner. The fact of the matter is that the property is an old

property and the petitioner on the one hand and the respondent

No.1, who is son of Late Sh.Vijay Mehra who was one of the

partners of M/s National Manufacturing Corporation Limited and

the legal heirs of late Sh.K.B.Malhotra being on the other hand,

who were allowed to be the occupants of the property in question, were locked in a prolonged legal battle with regard to the retrieval

of possession of the property in question latter being the alleged

tenants. In such hotly contested matters, there are bound to be

accusations and counter accusations. Since the appeal has already

been allowed, I am not inclined to initiate action on the basis of the

present contempt petition. Accordingly, the present contempt

notice for having wilfully disobeyed the order dated 19.03.2013 of

maintaining status quo is discharged.

V.K. SHALI, J MAY 27, 2014/dm