Deliberate and wilful disobedience of court orders and undertakings can lead to punishment under the Contempt of Courts Act, 1971.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. This contempt petition has been filed alleging that the Respondent has wilfully violated the terms of settlement and the undertaking given to the Coordinate Bench of this Court, as recorded in the orders dated 06.02.2020 and 19.06.2020, passed in CM(M) 1344/2019. The Respondent vide orders dated 06.02.2020 and 19.06.2020 sought extension of time to vacate the tenanted premises and pay the admitted arrears of rent and current use and occupation charges.

2. Since, the Respondent failed to pay the admitted arrears of rent, the Coordinate bench vide order dated 19.06.2020 in CM APPL. 12301/2020 filed in CM(M) 1344/2019, directed that the Respondent will be liable to pay interest at 7% per annum on the outstanding arrears of rent. The said direction was issued after giving a further opportunity to pay the arrears of rent by 31.08.2020.

3. The Respondent herein during pendency of this petition, admitted the violation of the undertakings given to the Coordinate Bench and thereafter, yet again undertook on 24.09.2020, 12.10.2020 and 08.01.2021 in these proceedings to abide by the orders and undertakings dated 06.02.2020 and 19.06.2020.

4. The matter was adjourned on 21.03.2023 by this Bench at the request of the Respondent to enable him to clear the admitted arrears of Rs.33,10,058/-(due as on 01.03.2023). The matter was adjourned again on 21.04.2023; however, the Respondent has failed to make any payment to the Petitioner.

5. The Petitioner herein has during the course of hearing handed over an updated calculation sheet, computing the total outstanding dues as on 01.05.2023 at Rs. 33,40,557/-with interest at the rate of 7% per annum.

Brief facts

6. The Petitioner herein is a landlord, who had filed suit against the Respondent for recovery of possession as well as arrears of rent of second floor and servant room in basement of the property bearing no. W-9, Greater Kailash -II, New Delhi-110048 (`subject property'). The said suit was decreed in favour of the Petitioner on 13.03.2019 and the Respondent became liable to be ejected.

6.1. However, since the Respondent, tenant, did not hand over the possession of the subject property, the Petitioner preferred an execution petition bearing No. 461/2019 before the ADJ, South East District, Saket Courts, New Delhi (`Executing Court'). An application seeking stay of the execution proceedings was filed by the Respondent, however, the same was rejected by the Executing Court.

6.2. The Respondent herein did not challenge the decree dated 13.03.2019 and the same had attained finality. However, the Respondent approached this Court by way of CM(M) 1344/2019, assailing the order dated 19.08.2019 passed by the Executing Court declining to stay the execution petition. In the said petition, the Respondent sought extension of time to vacate the premises until 31.12.2020 and gave an unambiguous undertaking to the Court that he will continue to pay use and occupation charges of Rs. 1.80 lakhs per month, during the period of occupation of the subject property. The relevant extract of the order dated 06.02.2020 reads as under:

"1. The Petitioner - Mr. Manoj Kapoor and Mr. Mukesh Saigal, the brother/power of attorney holder of the Respondent are present in Court today. During the course of hearing, after consulting with their respective counsels, they have arrived at a settlement on the following terms and conditions:

1) The Respondent agrees that the Petitioner shall be entitled to remain in possession of the second floor and servant room in the basement of property bearing No.W-9, Greater Kailash-II, New Delhi till 31st December, 2020. On or before 31st December, 2020, the Petitioner undertakes to hand over vacant and peaceful possession of the property to the Respondent.

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3) The Petitioner agrees and undertakes to pay the future monthly use and occupation charges of Rs.1.80 lakhs per month on or before the 10th of every month, without fail, withou