( 1 ) THIS is a petition under Sections 10, 11 and 12 of the Contempt of Courts Act, 1971 filed by the petitioner against respondent Nos. 1 to 3 (defendants in the original suit No. 80/ 2003) and respondent Nos. 4 to 11 (not defendants in the original suit) praying that the contempt proceedings be initiated against the respondents and they be punished in accordance with law.

( 2 ) THE petitioner filed a suit in the High Court of Delhi at New Delhi being Suit No. 2041/97 for declaration and injunction against the defendants in that suit. The relief prayed was that the defendants be directed to carry out and complete construction in block No. 5 of tribhuvan Complex, Ishwar Nagar, New Delhi in accordance with the sanctioned plan. Along with the suit, an application under Order 39 rules 1 and 2 read with Section 151 CPC was also filed by the plaintiff. On 25. 9. 1997, the court passed the following order on that injunction application and suit:-"present: Mr. B. Mohan with Mr. N. K. Kantawala, Advocates for the plaintiff s. No. 2041/1997 and las 9367-70/97 plaint be registered as Suit. Issue summon in the suit and notice in the application to the defendants but by ordinary process, as well as Registered a/d covers on filing of process fee and registered A/d cover, returnable on 12. 01. 1998. In the meanwhile, defendants are directed not to create any third party interest in Block No. 5 in khasra Nos. 1724/1705, 1723/1705, 264, 262, 259, 258, 257 and 256, ishwar Nagar, New Delhi-110 065. Dasti. Compliance order 39 Rule 3 be made within 3 days. September 25, 1997 sd/- vijender Jain, J. "

( 3 ) THE said suit was transferred because of change in the pecuniary jurisdiction of this court to the court of learned District Judge and is presently pending in the court of Ms. Shail Jain, ADJ, Delhi being Suit No. 80/2003. It is the case of the petitioner that respondent nos. 1 to 6 have carried out unauthorised constructions in Block No. 5 under their occupation and have committed serious violations of the sanctioned plan. It is further averred that the MCD on 17. 4. 2003 issued an order of demolition with regard to unauthorized construction in Block No. 5. The respondent NOs. 1 to 3 have failed to remove the unauthorized construction and are contesting the proceedings. They are aware of the order dated 25. 9. 1997 by which they were directed not to create any third party interest. But the said respondents have, somewhere after passing of this order, created third party interest. The allegations have been summed up in paragraph No. 6 of the petition which reads as under:-"infact, the plaintiff have their offices located in the Tribhuvan Complex. Recently in July-August, 2005 the plaintiff was surprised to find big signboards of M/s. HERBALIFE international INDIA (P) LTD. in Block , no. 5 Ishwar Nagar, New Delhi being the suit property in question. That staff of the said M/s. HERBALIFE international INDIA (P) LTD. are regularly having ingress and egress into said Block No. 5 and the cars belonging to them are also parked in front of block No. 5 that evidences regular business activities of the said M/s. HERBALIFE INTERNATIONAL INDIA (P) ltd. in Block No. 5. On enquiry the applicant/plaintiff also came to learn that the said M/s. HERBALIFE international INDIA (P) LTD. is a distinct legal entity which have no connection whatsoever with the respondents 1 to 3. Therefore, the plaintiff have reasonable belief that the respondents 1 to 3 have inducted third party or otherwise parted with possession of block No. 5, Tribhuvan complex, Ishwar Nagar, New Delhi in favour of third party M/s. HERBALIFE international INDIA (P) LTD. . On 10. 08. 2005, the plaintiff called upon the respondents 1 to 3 to desist from such wrongful and illegal acts and copy of the letter was also sent to M/s. HERBALIFE INTERNATIONAL INDIA (P) ltd. A copy of the letter dated 10. 08. 2005, issued by the plaintiff to respondents and Photographs at site are annexed hereto marked ANNEX

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