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2006 Supreme(Del) 61

SWATANTER KUMAR
ISHWAR INDUSTRIES LTD. – Appellant
Versus
CROCUS CHATTELS PVT. LTD. – Respondent


( 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 w














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