S.C. Mehta vs Aviral Kaushik

H.R. Malhotra, J.—This is a petition filed under Sections 12 and 13 of the Contempt of Courts Act seeking appropriate action against the respondent for not having made compliance of the order passed by this Court on 3rd April, 2006 whereby he was ordered to deposit the arrears of rent up to date within a period of three weeks from 3rd April, 2006 and further directing the respondent to continue to pay future rent as per the agreement between the parties.

Contempt action is sought against the respondent for not making compliance of this order. Though this Court has been adjourning the matter time and again on the request of the respondent but it seems that the respondent has been cleverly managing deference of the hearing. However, he has been enjoying the premises free of charges situated at Safdarjuhg area since December, 2003 despite the orders directing him to clear the arrears. The respondent has not filed reply to the petition. He has thus disobeyed the orders passed by this Court for which he has rendered himself liable to the action as provided u/s 39(2)(a) of the Act. While holding him guilty of disobedience of orders, it is ordered that at the first instance his movable and immovable properties be attached immediately and then put to auction and the attached properties be sold and out of the sale proceeds, the arrears of rent as ordered earlier be recovered first. Details of such movable and immovable properties be furnished to the Registry within two days. It is further ordered that the respondent shall remain restrained from disposing of his movable and immovable properties if any. If the sale proceeds do not satisfy the claim of the petitioner then this Court shall consider the aspect of detaining the respondent in the civil prison.