Phoenix Arc Private Limited v. Pawan Tanwar & Ors.

1. The present contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 has been instituted on behalf of the petitioner, predicated on an assertion that, respondent No.1 has willfully 2018:DHC:6129 violated an undertaking given to this Court to hand over vacant physical possession of the entire ground floor of property No.E-52, Block-E, New Multan Nagar, Delhi, as recorded in the order of this Court dated 13.01.2016 in W.P.(C) 9287/2015, titled as ‘Pawan Tanwar vs. Karnataka Bank’.

2. Mr. A.K. Singla, learned Senior Counsel appearing on behalf of respondent No.1, who had furnished the aforesaid undertaking to this Court states that, pursuant to the directions of this Court dated the 09.09.2016, issued in the present contempt proceedings, the keys of the subject property have been deposited in the Court. Mr. Singla, learned Senior Counsel appearing on behalf of respondent No.1, on instructions states that, the keys may be released to the petitioners, in terms of his undertaking, and the contempt notice to show cause issued to him be discharged. Mr. Singla, learned Senior Counsel appearing on behalf of respondent No.1 lastly states that, an unconditional apology on behalf of respondent No.1 may be accepted to put a quietus to the matter.

3. Insofar as respondent No.2 is concerned, it would be relevant to observe that, during the pendency of the present contempt petition, the petitioners, as well as, respondent No.2 are stated to have entered into a settlement, pursuant to which a sum of Rs.53,00,000/- is stated to have been paid to the petitioner by respondent No.2.

4. In this view of the matter, Mr. R.V. Sinha, learned counsel appearing on behalf of respondent No.2 states that, they are not guilty of violating the directions issued by this Court vide order dated 13.01.2016 and are entitled to recover the aforesaid sum or enforce the terms of the settlement.

5. In view of the foregoing, in terms of the observations made by this Court, as contained in the order dated 15.09.2016, the respondent No.2 is granted liberty to initiate proceedings seeking recovery of money/enforcement of settlement before a Court of competent jurisdiction, in accordance with law.

6. The present contempt petition is disposed of with the following directions:a) The keys of the subject property be handed over to the petitioner forthwith; b) The notice to show cause issued to the respondents are hereby discharged; and c) The unconditional apology tendered on behalf of respondent No.1 is hereby accepted.

7. Needless to state that the above directions are issued without prejudice to the rights and contentions of respondent No.2. The pending applications also stand disposed of.

SIDDHARTH MRIDUL (JUDGE) SEPTEMBER 20, 2018 dn