S.B. Civil Contempt Petition No. 138/2005 In S. B. Civil Second Appeal No. 535/2001 (Rameshwar Prasad Vs. Shiv Narain) Date of Order :: 23.2.2007 Hon'ble Mr. Justice R.M. Lodha Mr. Anurag Sharma for the petitioner Mr. Gaurav Gupta for the respondent-contemnor On 15th February,2007, after hearing the counsel for the parties, I recorded the finding that no doubt was left that the respondent has deliberately and intentionally flouted the order of this Court dated 23th February, 2004 by not vacating the tenanted premises within the time granted by this Court. On that day after the aforesaid finding was recorded, the counsel for the contemnor tendered unconditional apology on behalf of the respondent and submitted that within one week from that date (15.2.2007), the entire tenanted premises shall be vacated and peaceful possession thereof shall be handed over to the petitioner. At the request of the counsel for the respondent, I, accordingly, granted time of one week. -2- 2. The counsel for the respondent submits that the possession of the entire tenanted premises has been handed over to the petitioner. He also submits that the respondent is above 70 years old and though he is not present, his grand son Manish Kumar Mathur is present in the Court. 3. The counsel for the petitioner submits that he has no instructions as to whether the possession of the entire premises has been handed over by the respondent to the petitioner or not. 4. I find no reason to disbelieve the statement made by the counsel for the respondent that the possession of the entire tenanted premises has been handed over to the petitioner. The respondent has thus purged the contempt. Since he is said to be 70 years old, I do not intend to award any sentence to him. However, I impose a fine of Rs. 2,000/- on the respondent for flouting the order of this Court dated 23rd February, 2004 deliberately and intentionally and -3- thereby committing contempt of this Court. The fine of Rs. 2,000/- shall be deposited by the respondent with the registry of this Court within two weeks from today. The petitioner shall be at liberty to withdraw the said amount. 5. In case the respondent fails in depositing the fine within time afore-granted, I direct that the respondent-contemnor shall suffer simple imprisonment of seven days. 6. The contempt petition is disposed of accordingly. R.M. Lodha, J. DK/-