IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.27720-CII of 2009 in COCP No.1045 of 2009 Date of decision: 7.1.2010 Methodist High School and another ......Petitioner(s) Versus Manohar Lal ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Anurag Jain, Advocate for the applicant-petitioners. Mr. C.R. Dahiya, Advocate for the respondent. Respondent in custody. Rakesh Kumar Garg, J.(Oral)] Vide order dated 28.10.2009, the respondent had given an undertaking before this Court that he will hand over the vacant possession of the demised premises to the petitioner. The respondent failed to hand over the vacant possession. Thus, the present application was moved by the petitioner for revival of the aforesaid contempt petition. Upon notice, the respondent came present before this Court on 16.12.2009 and was duly represented by his counsel; however, he could not submit any plausible justification for not honouring his undertaking given before this Court. Thus, this Court, prima facie held the respondent guilty of committing contempt of this Court. However, it was deemed appropriate to grant him one more opportunity to hand over the vacant possession of the premises in question and accordingly, the case was ordered to be listed on 21.12.2009. On 21.12.2009, the respondent was not present before this Court, however, he was represented through his counsel. This Court directed to secure the presence of the respondent through non-bailable CM No.27720-CII of 2009 in COCP No.1045 of 2009 -2- warrants and the Superintendent of Police, Sonipat was directed to ensure the execution of the non-bailable warrants. However, on 24.12.2009 Sh. Chottu Ram, SHO, Police Station City, Sonepat who was present in Court submitted that the respondent could not be found and his wife was found residing in the demised premises and requested for some time to execute the non bailable warrants against the respondent. In view of the aforesaid request, the case was ordered to be listed for today and the presence of the respondent was directed to be secured through non-bailable warrants. Today, the respondent has been produced before this Court by Sh. Chottu Ram, SHO, Police Station City, Sonepat, in execution of the non-bailable warrants issued by this Court. An affidavit has been filed on behalf of the respondent submitting an unconditional apology for disobeying the orders passed by this Court. It has been further submitted in the affidavit that the respondent could not be present before this Court due to his illness and for that very reason, he could not hand over the possession of the demised premises. It has also been submitted that in compliance of the orders of this Court, the wife of the respondent has handed over the vacant possession of the demised premises to the authorities of the petitioner- School. The factum of taking the possession of the demised premises by the petitioner is not disputed by the learned counsel representing the petitioner. Admittedly, the respondent could not offer any explanation for not honouring the undertaking given before this Court. However, keeping in view the fact that now the possession of the demised premises have been restored to the petitioner and the respondent has tendered his CM No.27720-CII of 2009 in COCP No.1045 of 2009 -3- unconditional apology for his acts of omissions, I deem it appropriate to take a lenient view against the respondent and ends of justice will be served by imposing costs of Rs.1,000/- upon the respondent. Let the aforesaid costs be deposited on behalf of the respondent with the State Legal Services Authority, Haryana, Chandigarh. If the aforesaid amount is deposited, the respondent is ordered to be released forthwith. Disposed of. Copy of this order be given to Sh. Chottu Ram, SHO, Police Station City, Sonepat under the signatures of the Bench Secretary. January 7, 2010 (RAKESH KUMAR GARG) ps JUDGE