The High Court of Madras dismissed a contempt petition filed by the Lotus Pond Welfare Association against Vijay Shanthi Builders Ltd. alleging non-compliance with an order mandating water supply and maintenance. The court held that the petitioner failed to substantiate the allegations.
Petition dismissed; connected applications closed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cont.P.No.1388 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.12.2020
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
Cont.P.No.1388 of 2015 & A.Nos.84 & 3545 of 2015 Lotus Pond Welfare Association, Represented by its President, Mr.K.Gurumoorthy, No.46, IT Highway, OMR, Thaiyur – B, Village, Kelambakkam, Kanchipuram Dist., - 603 103 ... petitioner Vs. Mr.Chandan Jain, Managing Director, M/s.Vijay Shanthi Builders Ltd., No.20/43, Kasthuri Rangan Salai (Near Russian Culture Centre), Alwarpet, Chennai 18. ... respondent Prayer : Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent in the manner this Hon'ble Court deems fit and proper for deliberately committing contempt by willful disobedience of
the order dated 16.06.2015 of the Hon'ble Court in A.No.84 of 2015.
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Application Nos. 84 of 2015 and 3545 of 2015:
Lotus Pond Residents Welfare Association rep by its Vice President, Mr.S.Pitchumani, No.46 IT Highway, OMR, Thaiyur Village, Kelambakkam, Kanchipuram District 603 103.
...Applicant in both Applications
vs M/s.Vijay Shanthi Builders Ltd., rep by its Managing Director, No.20/43, Kasthuri Rangan Salai, (near Russian Culture Centre) Alwarpet, Chennai 600 018. ...Respondent in both Applications Application No.84 of 2015 filed under order XIV Rule 8 of O.S. Rules r/w Section 9(ii) © of the Aribitration and Conciliation Act 1996 to pass an Interim direction directing the Respondent to continue with the maintenance work in the residential apartment complex named as LOTUS POND situated at No.46 IT Highway OMR Thaiyur Kelambakkam Kancheepuram District 603 103 pending initiation and completion of arbitration proceedings terms of clause 28 of the tripartive agreemtents.
Application No.3545 of 2015 filed under order XIV Rule 8 of O.S.Rules r/w Section 9 (ii) © of the Arbitration and Conciliation Act 1996
to pass an interim direction directing the respondents to continue with the
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maintenance work in the residential apartment complex named as Lotus Pond situated at No.46 IT Highway OMR, Thaiyur, Kelambakkam, Kancheepuram District 603 103 and also continue ensuring water supply to the residents.
For Petitioner : Mr.Hari Radhakrishnan
for Mr.A.Mohamed Ismail
For Respondent : Ms.Rekha
for Mr.R.Parthasarathy
ORDER
The above contempt petition has been filed seeking to punish the
contemnor for having wilfully disobeyed the orders of this Court dated
16.06.2015 in A.No.84 of 2015. The allegation of contempt are as follows.
“At request, post on 24.06.2015.
Water supply shall continue until further orders.
Without prejudice to the contentions raised, disposal of the
garbage shall be continued subject to payment of maintenance charges.”
and the same being intimated to the respondent herein, the respondent has https://hcservices.ecourts.gov.in/hcservices/
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failed to provide the water supply to Tower 8 from 16.06.2015 to
18.06.2015 and water was only supplied on 19.06.2015.
maintenance work of garbage clearance on maintenance charges, the respondent had vide their e-mail dated 17.06.2015 informed the petitioner that they would be handing over the entire project to them, which
according to the petitioner amounts to contempt of orders of this Court.
regards the clearance of garbage, they had stated that they were willing to continue clearing the garbage, provided the charges are paid as per the
orders of this Court dated 16.06.2015.
documents had also been received by the petitioner association. After
issuing contempt notice vide their e-mail and letter dated 17.06.2015, the
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Cont.P.No.1388 of 2015
petitioner association has sent a letter dated 22.06.2015 returning the documents to the respondent. Nowhere in this letter has any statement been made out about the non supply of water or the non clearance of the garbage.
from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
SMI/22/01/2021
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1 issue framed by the court
Whether the respondent's failure to provide water and continue maintenance work constitutes willful disobedience of the court order warranting punishment for contempt?
2 provisions across 2 enactments
Lotus Pond Welfare Association
Mr. Chandan Jain
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
