COCP No.605 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.605 of 2008 Date of decision : 15-7-2009 Ajay Mahajan and another .... Petitioners VERSUS Rakesh Kumar ....Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Ajay Mahajan – petitioner in person with Mr. Vipin Mahajan, Advocate, for the petitioners. Mr. Rakesh Kumar – respondent in person with Ms. Amandeep K. Dhiman, Advocate, for the respondent. RAKESH KUMAR GARG J. (Oral) The present contempt petition was filed by the petitioners alleging therein that the respondent had violated an undertaking given before this Court in Civil Revision No.4720 of 2007 as he failed to deliver the possession and pay the arrears of rent as per the aforesaid undertaking. In pursuance to the show cause notice issued by this Court, respondent had appeared and tendered some amount to discharge his liability. On July 2, 2009, the respondent handed over a cheque amounting to Rs.2,04,000/- to the petitioner and had also offered to hand over the keys of the demised premises to the counsel for the petitioners. Vide aforesaid order, Mr. Divyaswaroop, Advocate was appointed as Local Commissioner by this Court in whose COCP No.605 of 2008 -2- presence the respondent was allowed to remove his belongings from the demised premises at the time of handing over possession to the petitioner. Local Commissioner submitted his report in the office. Today, learned counsel for the petitioners, on instructions from Sh. Ajay Mahajan – petitioner, stated that the respondent has handed over the possession of the demised premises. Respondent also handed over a demand draft amounting to Rs.2,04,000/- in lieu of the earlier cheque handed over on 02-07- 2009 which could not be encashed. It was further submitted by learned counsel for the petitioners that no grouse of the petitioner has been left now. Learned counsel appearing on behalf of the respondent, on instructions from Sh. Rakesh Kumar – respondent has submitted that possession of the demised premises has been handed over to the petitioner in presence of the Local Commissioner and the respondent had removed all his belongings from the aforesaid premises and he had also paid all the arrears and nothing remains due to him. In view of the aforesaid stand taken by the parties, I am not inclined to proceed further in this petition. Rule discharged. (RAKESH KUMAR GARG) 15-7-2009 JUDGE manju