Anuradha Gupta Died Per Lrs vs Mr. K. Srinivas Rao
2021 Latest Caselaw 2222 Tel

     HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
                                 AND
         HONOURABLE SRI JUSTICE T. VINOD KUMAR

                Interlocutory Application No.1 of 2019
                                   in
                Interlocutory Application No.1 of 2018
                                   in
                        CCCA.No.240 of 2016
                                  and
                    Contempt Case No.618 of 2019

COMMON JUDGMENT: (Per Sri Justice M.S.Ramachandra Rao)

      The applicant in the above application and the Contempt Case

is the plaintiff in O.S.No.59 of 2007 on the file of XI Additional Chief

Judge, City Civil Court, Hyderabad.


2.    She had filed the said suit for specific performance, mandatory

and prohibitory injunctions, damages and costs against the defendants

/ respondents in the above Interlocutory Application.

3. She succeeded in the suit and a decree for specific performance

with costs was passed on 12.09.2016 in her favour against the

respondents.

4. CCCA.No.240 of 2016 was filed by the 4th defendant in the

suit / 1st respondent in the above I.A. challenging the Judgment and

Decree dt.12.09.2016 passed in O.S.No.59 of 2007 on the file of

XI Additional Chief Judge, City Civil Court, Hyderabad.

::2:: MSR,J & TVK,J Ccca_240_2016&cc_618_2019

5. In CCCA.MP.No.665 of 2016 filed by the 1st respondent in the

I.A. / appellant in the appeal / 4th defendant, interim suspension of the

judgment and decree in O.S.No.59 of 2007 was granted on 21.11.2016

by this Court restricting it to Flat No.301, in the building known as

'The Residency', premises No.8-2-580, Road No.7, Banjara Hills,

Hyderabad - 500 034, which is part of the plaint schedule in the suit.

6. CCCA.MP.No.746 of 2016 was filed by the applicant / plaintiff

to vacate the said order.

7. On 07.02.2017, a Division Bench of this Court made the said

order absolute subject to the 1st respondent in the I.A. / 4th defendant

in the suit depositing to the credit of the suit Rs.20,000/- per month

from March, 2017 as a condition precedent for him to remain in

possession. The Division Bench directed him to deposit such amounts

on or before 5th of every succeeding month. The applicant / plaintiff

was permitted to withdraw the amount deposited without furnishing

any security. The 1st respondent was directed not to alienate, change

or create any third party interest over the said Flat No.301, pending

the CCCA.

8. Thereafter, the applicant filed I.A.No.1 of 2018 to vacate the

order dt.07.02.2017 in CCCA.MP.No.665 of 2016 on the ground that

the said order was not complied with by the 1st respondent.

9. On 23.10.2018, a Division Bench of this Court disposed of the

said I.A. stating that lumpsum payments were made by the ::3:: MSR,J & TVK,J Ccca_240_2016&cc_618_2019

1st respondent pursuant to the above order dt.07.02.2017 in

CCCA.MP.No.665 of 2016; these have to be construed as delayed

payments and not as non-payment; as on 23.10.2018, there were no

arrears except for the months of September and October, 2018; and

the delay in deposit was caused on account of certain technical

difficulties faced by the 1st respondent. So, the Court directed the

applicant to inform in writing the learned counsel for the

1st respondent, the details of the Saving Bank Account number,

Branch and the name of the Bank into which the monies were to be

deposited; and upon the information being so furnished by the learned

counsel for the applicant, the 1st respondent was directed to make

periodical deposits directly into the said account by way of online

transfers.

10. Complaining that this order dt.23.10.2018 in I.A.No.1 of 2018

in CCCA.MP.No.665 of 2016 in CCCA.No.240 of 2016 was violated,

the applicant filed I.A.No.1 of 2019 to vacate the interim order

dt.07.02.2017 in CCCA.MP.No.665 of 2016 in CCCA.No.240 of

2016; and also, CC.No.618 of 2019 to punish the 1st respondent for

willful disobedience of the said order.

11. In I.A.No.1 of 2019 and also in CC.No.618 of 2019, it is the

contention of the applicant that the 1st respondent failed to make any

payment from November, 2018; as on 23.04.2019, when this

application / C.C. was filed and the 1st respondent was due a further

sum of Rs.1,20,000/- over and above Rs.2 lakhs which were due until ::4:: MSR,J & TVK,J Ccca_240_2016&cc_618_2019

October, 2018. It is stated that the applicant had even got issued a

legal notice dt.02.04.2019 to the counsel for 1st respondent calling

upon the 1st respondent to deposit the dues; and despite service of the

said notice, no deposits had been made by the 1st respondent. It was

alleged that as on 23.04.2019, a sum of Rs.3,20,000/- is due and that

the 1st respondent was repeatedly, willfully and wantonly violating the

orders passed by this Court despite there being specific directions to

deposit the amounts every month. It was therefore prayed that the

interim suspension granted on 21.11.2016 in CCCA.MP.No.665 of

2016 should be vacated and the 1st respondent should also be punished

for willful disobedience of the order dt.23.10.2018 in I.A.No.1 of

2018 in CCCA.MP.NO.665 of 2016.

12. Though the Contempt Case was filed in 2019 and notice was

served by R.P.A.D. on the 1st respondent on 17.09.2019, he did not

enter appearance through counsel immediately. The process server

reported that he had vacated the address given in the suit six years

back.

13. Then this Bench directed on 16.06.2021 the Contempt Case to

be listed along with CCCA.No.240 of 2016 filed by the 1st respondent

in this Court.

14. Only then, on 28.06.2021, Sri Tarun G. Reddy, Advocate, who

was also counsel for the 1st respondent in the CCCA.No.240 of 2016,

took notice in the Contempt Case on behalf of 1st respondent and ::5:: MSR,J & TVK,J Ccca_240_2016&cc_618_2019

entered appearance and filed Vakalat on behalf of 1st respondent on

06.07.2021. We may point out that the said counsel had received the

legal notice dt.02.04.2019 sent by the counsel for the applicant

regarding defaults committed by 1st respondent on the same day itself.

15. In the meantime, the applicant in the I.A. / plaintiff in the suit

died on 24.10.2020 and her legal representatives were brought on

record in the CCCA.No.240 of 2016 vide order dt.15.07.2021 in

I.A.Nos.2, 4 and 5 of 2021. In C.C.No.618 of 2019 also the legal

representatives were impleaded on 16.06.2021 in IA.Nos.1 to 3 of

2021 on 15.7.2021.

16. Having regard to the said circumstance, in I.A.No.1 of 2019 in

CCCA.No.240 of 2016 also, the legal heirs of the applicant are suo

moto impleaded in exercise of the powers conferred on this Court

under Section 151 C.P.C.

17. Initially, on 07.07.2021, the 1st respondent filed a counter-

affidavit in the C.C.No.618 of 2019 giving in para no.5 thereof a table

of payments said to have been made by him.

18. A perusal of the same indicates that in spite of the specific order

dt.23.10.2018 in I.A.No.1 of 2018 in CCCA.MP.No.665 of 2016 in

CCCA.No.240 of 2016 to directly make online transfer every month

into the Savings Bank Account of the applicant of Rs.20,000/-, the

1st respondent had deposited :

                                   ::6::                         MSR,J & TVK,J
                                                    Ccca_240_2016&cc_618_2019




        (i)    vide   Cheque    bearing       No.104323      dt.23.09.2019,

Rs.1,20,000/- representing the deposit from December, 2018 to May,

2019,

(ii) vide online NEFT transaction Ref.No.150142422

dt.02.07.2021, Rs.80,000/- representing the deposit from June, 2019

to September, 2019;

(iii) vide online NEFT transaction Ref.No.150143784

dt.02.07.2021, Rs.2,40,000/- representing the deposit from October,

2019 to September, 2020;

(iv) vide online NEFT transaction Ref.No.150144722

dt.02.07.2021, Rs.1,20,000/- representing the deposit from October,

2020 to March, 2021;

(v) vide online NEFT transaction Ref.No.153588436

dt.06.07.2021, Rs.60,000/- representing the deposit from April, 2021

to June, 2021.

19. Thus, all these payments were made belatedly in spite of the

order dt.23.10.2018 in I.A.No.1 of 2018 in CCCA.MP.No.665 of 2016

in CCCA.No.240 of 2016, and in spite of the counsel for

1st respondent having received the legal notice dt.02.04.2019 from the

counsel for the applicant about the delay in making deposits regularly

as per the said order. In fact, the payments (ii) to (v) as noted above

were made only after the counsel for 1st respondent took notice in the

Contempt Case on behalf of 1st respondent.

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20. In the counter-affidavit filed by the 1st respondent, he admitted

that some payments were delayed, but pleaded that such delay was on

account of various reasons including current COVID -19 pandemic

wherein some of his family members were allegedly unwell and one

aunt of his had passed away. He pleaded that delay in making the

payment was inadvertent and he had no intention to commit contempt

of the orders passed by this Court. He tendered unconditional apology

and undertook to henceforth make payments on time.

21. We are not at all impressed with the stand of the 1st respondent.

22. The COVID-19 pandemic and consequent disruptions /

lockdowns occurred in India in/after March, 2020 only, and it cannot

be a ground for the 1st respondent to make delayed payments from

December, 2018 till February, 2020.

23. Even otherwise, online transfers could have been made by him

by taking recourse to internet banking or by giving to his banker

standing instructions to deposit every month Rs.20,000/- into the

Savings Bank Account of the applicant from his Savings Bank

account to ensure compliance with the order dt.23.10.2018 in

I.A.No.1 of 2018 in CCCA.MP.No.665 of 2016 in CCCA.No.240 of

2016.

24. In our considered opinion, there is brazen violation of the said

order by the 1st respondent in spite of the 1st respondent being made

aware even in April, 2019 by service of legal notice on his counsel Sri ::8:: MSR,J & TVK,J Ccca_240_2016&cc_618_2019

Tarun G. Reddy on 02.04.2019 about the repeated non-compliance of

the said order.

25. We do not find any bona fides in the conduct of the

1st respondent in view of his continuous and repeated violations of the

said order, and we are of the opinion that his apology is an empty

formality without any sincerity, and we decline to accept it.

26. On account of the recurrent, continuous breach of the order

passed by this Court on 23.10.2018 in I.A.No.1 of 2018 in

CCCA.MP.No.665 of 2016 in CCCA.No.240 of 2016, we hold that

the 1st respondent has willfully violated the said order and has

committed contempt of the same warranting punishment under

Section 12 of the Contempt of Courts Act, 1971.

27. We are also of the opinion that the conduct of the 1st respondent

not being bona fide, and one not inspiring confidence, it is just and

necessary to vacate the interim suspension granted on 21.01.2016 in

CCCA.MP.No.665 of 2016 which was made absolute on 07.02.2017

in CCCA.MP.No.746 of 2016.

28. Consequently, we direct the 1st respondent to deliver peaceful

vacant possession of the Flat No.301, in the building known as 'The

Residency', premises No.8-2-580, Road No.7, Banjara Hills,

Hyderabad - 500 034 on or before 07.08.2021 to the legal heirs of the

applicant who are impleaded in C.C.No.618 of 2019 as applicant ::9:: MSR,J & TVK,J Ccca_240_2016&cc_618_2019

nos.2 to 4 and also as respondent nos.5 to 7 in the CCCA No.240 of

2016.

29. The 1st respondent shall also pay costs of Rs.50,000/- to the

applicant nos.2 to 4 in the CC.no.618 of 2019 / respondent nos.5 to 7

in the CCCA No.240 of 2016 and shall also pay a fine of Rs.2,000/-

within four (04) weeks. In default of payment of fine in the aforesaid

period, he shall suffer simple imprisonment for six (06) weeks.

30. I.A.No.1 of 2019 in CCCA.No.240 of 2016 and CC.No.618 of

2019 are allowed accordingly.

31. As a sequel, miscellaneous petitions pending if any in the

Contempt Case shall stand closed.

____________________________ M.S.RAMACHANDRA RAO, J

_____________________ T. VINOD KUMAR, J Date: 27-07-2021 Ndr