LAW FOR ALL

DELHI HIGH COURT- Sections 11 and 12 of the Contempt of Courts Act read with Order XXXIX Rule 2A CPC and Section 151 CPC against her brother, respondent No.1 (defendant No.2 in the suit) and her first cousin, respondent No.2 (impleaded in the suit as a Karta of the defendant No.4/Ram Chander Nath HUF), alleging wilful breach of the orders dated 27.02.2013, 29.5.2015 and 24.8.2015, passed in CS(OS) No. 663/2011. = whether the present case calls for imposition of punishment on the respondent No.2/contemnor as contemplated in law. It is worthwhile to note that nowhere in his affidavit, has the respondent No.2 offered any apology, qualified or unqualified while praying for discharge of the notice of contempt. In fact, the petition has been hotly contested by the respondent No.2 and his stand all along has been that no order of restraint could have been passed on 24.08.2015, in respect of the assets owned by him, including the Qutub Minar property and that he was never made aware of the said order. Fact of the matter is that even after the order dated 24.08.2015 came to the knowledge of the respondent No.2/contemnor, he did not offer to purge himself of the contempt during the pendency of the present proceedings, nor has he demonstrated any penitence, contrition or regret at any stage. Despite the above, having regard to the fact that the respondent No.2 is a senior citizen, aged 67 years, the Court is taking a lenient view. It therefore refrains from directing his detention in civil imprisonment for his contumacious conduct. At the same time, it is felt that interest of justice would be adequately met if attachment orders are passed in respect of the leased out portion of the Qutub Minar property. As the lease deed dated 14.07.2016 executed by the respondent No.2/contemnor in respect of a part of the Qutub Minar property has been held to be in gross violation of this Court‟s orders and the same has been declared as illegal and invalid, the leased out portion is hereby attached. The lessee, M/s Surya Design Line Pvt. Limited is directed to vacate the portions of the Qutub Minar property under its occupation in terms of the lease deed and deposit the keys thereof in the Registry within one month from the date of service of the present orders on them. The lessee is permitted to retain the subject premises for a period of four weeks so as to make alternate arrangements in that duration on the condition that it shall file an affidavit within one week, undertaking inter alia not to part with possession or create any third party interest therein till the keys are deposited. Any further rent/occupation charges due or payable in respect of the leased premises shall be deposited by the lessee directly in the Registry. the respondent No.2/contemnor cannot be permitted to enjoy the fruits of an invalid and illegal lease deed and he must be made to feel the pinch by disgorging the profits earned by him as rent, @ Rs.4.00 lacs per month w.e.f. July, 2016, till the leased out portion is vacated. It is therefore directed that the respondent No.2/contemnor shall deposit the entire rent received by him in respect of the Qutub Minar property in the Registry within four weeks from the date of passing of this order. Immediately upon receipt of the aforesaid amount, the Registry shall place the same in a FDR, initially for a period of one year, to be renewed thereafter from time to time, till appropriate orders for disbursement are passed in the suit. Additionally, since the respondent No.2/contemnor has been earning interest w.e.f. July, 2016 onwards, on the interest free security deposit of Rs.24.00 lacs deposited by the lessee, he is directed to deposit the interest component which, having regard to the fact that he is a senior citizen, is calculated at a conservative rate of 7% p.a., as is being paid by Banks/Financial Institutions on FDRs. The aforesaid amount reckoned from July 2016, till the date the interest free security amount is refunded to the lessee, shall be deposited by the respondent No.2/contemnor in the Registry within four weeks. The Registry shall place the said amount in a FDR, as directed above. While making compliances, a computation of the period for which the rent is being deposited and the interest earned on the security deposit at the rate mentioned above, shall be separately furnished by the respondent No.2/contemnor on an affidavit within four weeks. Release of the aforesaid amounts are made subject to the final outcome of the pending suit.