MS RRB ENERGY LIMITED v. MS LAPLIFE ELECTRONICS PVT LTD & ORS

1. The issue raised in the present contempt petition is very short and precise.

2. Petitioner herein is the owner of the premises in question and has filed a suit seeking recovery of possession, damages, etc.

3. During pendency of the above said suit, an application was moved by the petitioner/plaintiff seeking permission to get the leased/tenanted premises inspected for insurance purposes.

4. The leased premises is bearing No.GA-1/B-1, Extension, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi.

5. Learned District Judge (Commercial Court - 08), South East District, Saket Court allowed the above said application and permitted such inspection, while also permitting audio and videography during CONT.CAS(C) 1606/2024 2 inspection.

6. The grievance raised in the present contempt petition is that despite there being specific directions, the respondent has not permitted the petitioner to get the premises inspected as per the above said specific directions.

7. When this matter was taken up on 22.10.2024, learned counsel for the respondent appeared and accepted notice and the matter was adjourned to 14.02.2025.

8. Reply has already been filed.

9. However, in the interregnum, the petitioner has moved the above said application seeking directions as it apprehends that the respondent would continue to restrain the petitioner from visiting and inspecting the suit premises by the concerned insurance agent/valuer.

10. Learned counsel for the respondent has joined the proceedings through video conferencing and after hearing arguments for some time, he has submitted that there would not be any interference with respect to the directions given by the Learned District Judge (Commercial Court - 08), South East District, Saket Court while also contending that, in past as well, the above said order was duly adhered to.

11. Be that as it may, with the consent of learned counsel for both the parties, it has been resolved between the parties that the petitioner shall carry out such inspection through the concerned insurance agency/valuer on 23.12.2024 from 12 noon to 3:00 pm and such insurance agency/valuer would also be permitted to take photographs and videos, if required. The photography and videography would, however, be limited to the aforesaid purpose of insurance. CONT.CAS(C) 1606/2024 3

12. It is also mutually agreed that respective counsel may also, if they so desire, visit the premises at the time of the aforesaid inspection.

13. This Court, however, expects that there shall be no hindrance by anyone during the inspection process.

14. In view of the above, the contempt petition along with CM APPL. 70552/2024 stand disposed of.

15. It is also clarified that in case the respondent has any objection with respect to the manner in which the above said inspection is eventually carried out, it would be at liberty to place the same before the learned Trial Court and it will be up to the learned Trial Court to take appropriate decision with respect to any such objection.