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2023 Supreme(Del) 1125

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ankur Jain – Appellant
Versus
Scindia Potteries And Services Private Limited – Respondent


Advocates appeared:
Mr. Vivek Chib, Senior Advocate with Mr.Vaibhav Seth, Mr. Vikhyat Oberoi, Ms. Sonal Sarda, Ms. Unnati, Ms.Jagriti, Mr.Taha Yadin & Ms. Mansi, Advocates, for the Appellant.
Mr. Manav Gupta, Mr. Sahil Garg, Mr. Abhinav Jain, Ms.Samiksha Jain & Ms. Devanshi Rangi, Advocates, for the Respondent.

JUDGMENT

Suresh Kumar Kait, J.

1. The present appeal has been preferred by the appellant under the provisions of Section 19 of The Contempt of Courts Act, 1971 against the Judgments and orders dated 02.03.2020 and 31.01.2023 respectively, whereby he has been held guilty of contempt in CONT. CAS.(C) 661/2019 and sentenced to 3 months' simple imprisonment with fine of Rs.2,000/-.

2. The factual background of this case, as noted in the impugned order dated 02.03.2020, is as under:

    "2. The learned senior counsel for the petitioner alleges CS(OS) No.1311/2001 titled 'Scindia Potteries & Services Pvt. Ltd vs. Dr. J.K. Jain & Anr.' was filed for mandatory injunction, permanent injunction, recovery of use, occupation, physical and vacant possession and recovery of mesne profits against respondent in June 2001.

    3.The learned Trial Court on 17.07.2017 decreed the said suit in favour of petitioner for possession, mesne profits, injunctions restraining the respondent from carrying out illegal activities and for raising further construction and mandatory injunction directing the respondent to demolish the illegal constructions/structure etc.

    4. The respondent preferred an appeal being RFA No.857/


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