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1976 Supreme(SC) 117

A.N.RAY, JASWANT SINGH, M.H.BEG
Chhaganbhai Norsinbhai – Appellant
Versus
Soni Chandubhai Gordhanbhai – Respondent


Advocates:
M.C.SHAH, M.F.THAKKAR, M.V.GOSWAMY, S.S.Khanduja

M.H.BEG, J.

(1) THIS is an appeal under S. 19(l)(b) of the Contempt of courts Act, 1971. The defendant-appellant was convicted by the division bench of the High court of Gujarat for having deliberately violated an order secured from the High court on 22/01/1973 upon undertakings given to it. The very first term of the order is: The defendant gives solemn undertaking to this Honble High court that he will vacate suit premises by handing over the key of the premises to the court of the Civil Judge, Junior Division. Anand, in pursuance of the decree within one and a half months after receipt of the notice from the plaintiffs that the plaintiff Dr. 1. G. Soni has returned from abroad and intends to start medical practice in the suit premises.

(2) HE also undertook to clear the arrears of me?ne profits and to continue to pay them regularly as and when due. Furthermore, he under- took not to part with possession in favour of any person other than the landlord decree-holder until he received the notice contemplated by the first condition. It is not disputed that the appellant received that notice on 10/10/1974. There is nothing in the conditions of the underta





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