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1995 Supreme(SC) 208

SUPREME COURT OF INDIA
P.B. SAWANT, S. MOHAN AND B. P. JEEVAN REDDY, JJ.
Delhi Development Authority, Petitioner
Versus
Skipper Construction and another, Respondents`
WITH  
Delhi Development Authority, Petitioner
Versus
Tejwant Singh and another, Respondents.
A. Nos. 3 and 14 of 1994, in SLP (Civil) Nd. 21000 of 1993 with Suo Motu Contempt Petn. No. 256 of 1994
Decided on 8-2-1995.

Advocates:
ARUN JAITLEY, ARUN KHOSLA, ARVIND NIGAM, D.D.SHARMA, G.RAMASVAMY, GOPAL SUBRAMANIUM, Indra Sawhney, K.C.DUA, KAMINI JAISWAL, L.K.GUPTA, L.R.SINGH, P.P.JUNEJA, R.ASHOKAN, R.S.Suri, S.D.Singh, S.RAJAPPA, S.SUKUMARAN, SANGITA KUMAR, SUMAN JYOTI KHAITAN, V.A.BOBDE

Headnote:

Contempt of Courts Act, 1971 - Section 20 - Section 2(b) - Section 2(c) - Constitution of India - Article 129 - Article 142 - Transfer of Property Act, 1882 - Section 54 - Auction – Bid Amount - Balance Of Payment - An auction was held by Delhi Development Authority of Commercial Tower Plot - First respondent, M/s. Skipper Construction Co. (P) Ltd. was highest bidder - As per conditions of auction, Skipper deposited 25 of bidamount - Bid was confirmed by the DDA - Skipper was called upon to make balance of payment of 75 of bid amount within 90 days as per conditions of auction - Lt. Governor issued a direction at request of Skipper, deferring recovery from Skipper of 2nd instalment as per agreement till one month after sanctioning of building plans - First respondent filed writ petition in High Court – Held, It is necessary to bear in mind that second respondent is wife of first respondent - She does not seem to have played any active role in all these transactions and events. As an Indian wife, dutiful and obedient, she seems to have only followed dictates and desires of her husband, in process she has done no more than lending her name both as a Director to Skipper as well as to various acts done by him in name of company - It will be unrealistic to ignore this I fact against our social background - Court must therefore take a pragmatic view of matter and distingushed her case from that of her husband as far as punishment to be imposed on them is concerned - Such a distinction will in no way minimise gravity of contempt that she has committed - Respondent No 1, to undergo simple imprisonment for six months and to pay a fine of Rs.50,000/ - Court further sentence contermner-respondent No.2, to undergo undergo simple imprisonment for a period of one month and to pay a fine of Rs. 50,000/ - In default of payment of fine, contemners shall further undergo simple imprisonment for one month - Payment of fine shall be made within one month from to-day - properties and bank accounts standing in names of contemners and Directors of M/s. Skipper Construction Co. (Pvt.) Ltd. and their wives, sons and unmarried daughters will stand attached – Appeal Disposed Of.

ORDER

 The facts leading to contempt proceedings are as under:

 On 8-10-1980, an auction was held by the Delhi Development Authority (hereinafter referred to as the DDA) of the Commercial Tower Plot, Jhandewalan, Block E, New Delhi admeasuring about 2540 sq. mtrs. The first respondent, M/s. Skipper Construction Co. (P) Ltd. (hereinafter referred to as the Skipper) was the highest bidder, its bid being Rs. 9.82 crores. As per the conditions of the auction, Skipper deposited 25 of the bidamount. The said bid was confirmed by the DDA on 14-10-1980. Skipper was called upon to make the balance of payment of 75 of the bid amount within 90 days as per the conditions of the auction.

 2. The Government of India issued directions to the DDA to accept the request of Skipper and to grant an indulgence to it and directed the DDA to reschedule the recovery of 75 of the bid amount with interest from the Skipper. Consequent to this, DDA called upon the Skipper to enter into fresh agreement, licence agreement and furnish bank guarantees in compliance with the, directions of the Central Government.

 3. On 11-8-1987, Skipper entered into a licence agreement, paid 50 of the original bid and secured payment of the balance 50 of the bid and interest at the rate of 18 per annum thereon by submitting bank guarantees for Rs. 9.82 crores, in terms of which a sum of approximately 1.944 crores was required to be paid as each instalment. A total of 5 instalments was payable every six months, the first being due on 15-9-1987 and the last on or about 15-9-1989.

 4. Against the first instalment of Rs. 1.944 crores falling due on 15-9-1987, DDA recovered about Rs. 88.76 lacs by encashment of the bank guarantee on 7-12-1987. Thereafter the first respondent did not pay in terms of the agreement.

 5. On 4-10-1988, the Lt. Governor issued a direction at the request of Skipper, deferring recovery from Skipper of the 2nd instalment as per the agreement dated 11-8-1987 till one month after the sanctioning of the building plans.

 6. In August. 1989, the first respondent filed writ petition in the High Court of Delhi, being CWP No. 2371 of 1989: (reported in (1991) 43 DLT 636). The principal relief sought in the writ peition related to sanctioning of building plans and permission for construction. An interim order was passed directing the Skipper to furnish fresh bank guarantee since the bank guarantee furnished earlier had lapsed. The DDA did not encash the fresh bank guarantee which was defective. Time and again the DDA represented to the Court that the monies were outstanding from the Skipper and no indulgence ought to be shown lo them till the payments were made. The question of payment of the outstanding amount of over Rs. 8 crores under the principal sum itself was deferred from time to time.

 7. On 16-2-1990, the Lt. Governor revoked the order dated 4-10-1988 deferring the payment of instalments. As a result the entire sum became payable in one lump sum. However, this order of the Lt. Governor was stayed by the Court. Thus, it became necessary for the DDA to grant conditional and provisional sanction to plans of the building subject to the payment of monies due to the DDA

 8. On 19-3-1990, an interim order was passed by the Delhi High Court by which Skipper was permitted to commence construction without first depositing the caes of the DDA. Against this order an appeal was preferred. The Division Bench directed the payment of the token sum of Rs. 5 lacs which was offered by the Skipper as a gesture of goodwill within 2 days; a sum of Rs. 15 lacs within 15 days and Rs. 1.944 crores within one month to the DDA. It was further directed that the quantum of monies and the mode of payment will be decided at the time of final disposal of the writ petition.

 9. Even this order was not complied with. Notwithstanding this, the Skipper approached the Court once again for extension of time to make payment and for direction to construct. The Court extended the time by
















































































































































































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