Disposed

Ashok Mehta v. Shri Anand Kumar and Others

Rajasthan HC13 Nov 2014CCP/1177/2014

Case brief

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What is this about?

The Court directed the petitioner to deposit outstanding amounts with the Rajasthan Housing Board within seven days, contingent upon which possession of the flat must be handed over ten days later. The court noted a pending writ appeal and allowed recall of the order if non-compliance occurs.

What did the court decide?

Directed the petitioner to deposit outstanding amounts within 7 days and hand over flat possession within 10 days thereafter.

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 him. 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 him 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 him. 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.

Ashok Mehta v. Shri Anand Kumar and Others

Case brief

What is this about?

What did the court decide?

Ashok Mehta 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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