Point of Law : Power of court under said provision is punitive in nature, as punishment has been prescribed for disobedience or breach of an injunction order passed by civil court. No doubt court would be circumspect in using its power under Order XXXIX Rule 2A of CPC but caution exercised cannot tantamount to a reluctance to exercise powers vested in court in appropriate cases.

ORDER :

I.A.11037/2021 (of plaintiff u/O XXXIX R-2A CPC r/w Section 12 of Contempt of Courts Act, 1971)

1. This application has been filed by the applicant/plaintiff under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (‘CPC’) alleging that the respondent/defendant has violated the order of this court dated 21st December, 2012.

2. Mr. Mohit Chaudhary, learned counsel for the applicant/plaintiff has submitted that by the order dated 21st December, 2012, this court had disposed of certain applications filed by both the parties with the following directions:

“(a) The plaintiff is directed not to sell, alienate, transfer or part with possession of the aforesaid floors i.e. basement, ground and second floors of the suit property without the permission of the Court.

(b) The defendant is restrained from interfering or causing hindrances in usage of the portions being basement, ground and second floors of the suit property.

(c) The plaintiff in the Supplementary Memorandum of Agreement dated 20th January, 2011 in Clause 1 has admitted that the defendant has extended financial assistance of Rs.2,78,70,000/- to the plaintiff for the payment of bank dues and receipt of which was also acknowledged by the plaintiff and in clause 2. The plaintiff has also admitted that the defendant has subsequently extended some more financial assistance to him and now the total comes to Rs.3.18 crores, the receipt of the same was also acknowledged and agreed to repay the consolidated amount of Rs.3.18 crores as per clause 3 of the agreement, on or before 30th June, 2011. Admittedly, the said amount was not paid by the plaintiff, though the plaintiff has specifically admitted to receive Rs.1.48 crores from the defendant. The said Supplementary Memorandum of Agreement is signed by the plaintiff. Without prejudice to the rights of the plaintiff to contest his plea as mentioned in his pleadings, he is directed to deposit a sum of Rs.3.18 crores with the Registrar General of this Court within a period of 6 weeks from today.

(d) The plaintiff is also directed to deposit a sum of Rs.34,10,000/- admittedly received by him in cash through his peon, with the Registrar General of this Court within the same period. The Registrar General shall keep the aforesaid amounts in FDRs initially for a period of one year.”

3. The learned counsel for the applicant/plaintiff submits that despite the directions of this court restraining the respondent/defendant from interfering or causing hindrances in the usage of the basement, ground and second floors of the property being A-24, Kailash Colony, New Delhi (‘suit property’ for short), the respondent/defendant had actually prevented the applicant/plaintiff from accessing these areas. Specifically, it is alleged in the application that when the applicant/plaintiff had come from Patna to Delhi on 27th August, 2021 at about 9:45 PM, the applicant/plaintiff was beaten badly by the respondent/defendant and his goons when he wanted to enter his own premises. On 24th August, 2021 at about 9:00 AM, the respondent/defendant had also disconnected the electricity connection to the ground floor of the suit premises and tried to make four CCTV cameras installed at the ground floor non-functional, and when the domestic help and Chokidar of the applicant/plaintiff had objected to it, they were beaten badly and thrown out of the compound. It is submitted, that thereafter, the respondent/defendant had removed the marble name plate of the applicant/plaintiff and had fixed a name plate in which he had only mentioned his name. The car of the applicant/plaintiff standing in the compound was also removed out of the suit premises. The CCTV cameras on the second and third floors were also removed on 18th August, 2021 at about 8:00 PM by the respondent/defendant and thereafter the locks on the second unit of the second floor and the entrance of the third floor were broken. On that night, the Chokidar and his wife and the domestic help of the applicant/