Disposed

Smt Shakuntala Parakh v. Shri Anand Kumar and Others

Rajasthan HC13 Nov 2014CCP/1176/2014

Case brief

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What is this about?

In a contempt petition regarding non-compliance with an order for the deposit of dues to secure possession of a flat, the Court directed the petitioner to deposit the outstanding amounts within seven days and awarded possession ten days thereafter, subject to the outcome of a pending special appeal by the Housing Board.

What did the court decide?

Petitioner directed to deposit outstanding amounts within seven days; possession of the flat to be handed over within ten days thereafter, subject to the outcome of a pending special appeal.

for the petitioner submits that this Court vide order dated 2.5.2014 had directed that on deposit of the amounts due (as determined by the Court) by the petitioner, possession of the flat allotted to him be given to her. On offer of payment as directed by this Court having been made it was refused and the possession of the flat has not yet been given to the petitioner. This constitutes contempt of the order dated 2.5.2014 passed by the Court, submitted counsel.

Dr. P.C Jain, counsel appearing for the respondents submits that the petitioner be directed to pay the outstanding amounts as per the directions issued by this Court on 2.5.2014 within a period of seven days. Thereafter

within a further period of ten days the possession of the flat allotted to the petitioner will be handed over to her albeit subject to the outcome of the DB Civil Special Appeal (Writ) filed by the Rajasthan Housing Board against the order dated 2.5.2014 passed by the learned Single Judge.

P.C. Jain- counsel appearing for the respondents, the petitioner is directed to deposit the outstanding amounts with the Rajasthan Housing Board as per the order dated 2.5.2014 passed by this Court within a period

of seven days from today. Ten days following thereafter, the possession of the flat allotted to the petitioner be handed over to her. Compliance of the order dated 2.5.2014 passed by this Court would thus stand made. However as urged by Dr. P.c. Jain counsel for the Rajasthan Housing Board, it is made clear that in the event of the DB Civil Special (writ) filed by the Rajasthan Housing Board against the order dated 2.5.2014 succeeding, the petitioner would be liable to make further due payments along-with due interest as may be leviable.

Mr. Mahendra Shah, counsel for the petitioner expresses apprehension with regard to the Rajasthan Housing Board complying with the order dated 2.5.2014 passed by this Court. There is no good reason therefor. However, if the order dated 2.5.2014 passed by the Court is not complied with as now directed the petitioner shall be at liberty to move an application for recall of this order and revival of this contempt petition.

Smt Shakuntala Parakh v. Shri Anand Kumar and Others

Case brief

What is this about?

What did the court decide?

Smt Shakuntala Parakh v. Shri Anand Kumar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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