Vimal Chand S/O Late Seth Shri ... vs Kishore Singhvi S/O Late Shri ...
2022 Latest Caselaw 5584 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Contempt Petition No. 727/2022

Vimal Chand S/o Late Seth Shri Rajmal Surana,
                                                                  ----Petitioner
                                   Versus
Kishore Singhvi S/o Late Shri Manak Chand Singhvi and Anr.
                                                                ----Respondent

For Petitioner(s) : Mr. Shailesh Prakash Sharma For Respondent(s) :

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment / Order

16/08/2022

Learned counsel for the petitioner submits that vide order

dated 28.07.2021, Co-ordinate Bench of this Court in S.B. Civil

Writ Petition No.6515/2021 has passed the following directions:-

"Further, the petitioners-tenants shall submit an undertaking on oath incorporating the aforesaid conditions before the Rent Tribunal, Jaipur Metropolitan within fifteen days from the date of passing of this order. In case, the petitioners-tenants fail to submit an undertaking before the Rent Tribunal, as aforesaid, within fifteen days from today i.e. 28.07.2021 and commit breach of any of the conditions of this order, the respondent-landlord shall also be entitled to execute the certificate for recovery of possession forthwith and obtain possession of the premises in accordance with law."

Learned counsel for the petitioner further submits that

inspite of specific and categorical directions of the Court, vide

order dated 28.07.2021, of depositing the amount in question

(2 of 2) [CCP-727/2022]

within the specified and time bound manner, the same was not

done. It was only when the application was filed before the

learned trial Court that the amount was deposited after a period of

approximately two months.

Learned counsel for the petitioner further submits that the

learned trial Court has ignored and overlooked the specific

directions of the Court dated 28.07.2021. It is submitted that the

respondents are not honouring the order of the Court and flouting

the same. Learned trial Court has not taken the matter seriously.

They were bound by the order and the time given by the Court.

Considering the arguments advanced, let notices be issued

to Respondent No.1 & 2. Rule is made returnable within three

weeks.

Notices be given 'dasti', if required.

(SAMEER JAIN),J

ARTI SHARMA /25

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