The court found the Contemnors guilty of civil contempt for making false statements and attempting to mislead the court, emphasizing the need to comply with court orders. Apologies were accepted subject to compliance with monetary penalties.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This is a part-heard matter.

2. Vide judgment dated 30th November, 2021, a show cause notice was issued to the Contemnors-Mr. K.K. Golyan, Director and Mr. G.P. Chobey, the Authorized Representative of the Appellant/Objector Company. The said notice sought explanation within two weeks, as to why proceedings for contempt/perjury should not be initiated against them for having concealed relevant facts before this Court and making false statements before this Court and the Executing Court.

3. A detailed judgment dated 30th November, 2021 was passed in the present suit wherein, this Court enumerated the various false pleas which were taken by the Contemnors in order to retain possession of the suit property. The Contemnors seek to purge the contempt by arguing that, post the judgment dated 30th November, 2021, the suit property has been vacated and the possession thereof has been handed over. Reply to the show cause notice has been filed and brought on record.

Brief Background:

4. In the present case, a suit for possession and mesne profits being CS No.1317/2005 (New CS No.9831/16) titled `Ishwar Industries v. M/s. Gallus Chattles P. Ltd. & Ors.' was filed by the Respondent herein way back on 19th September, 2005 in respect of Block No.4, Tribhuvan Complex, Iswar Nagar, Delhi-Mathura Road, New Delhi-110065 (hereinafter, "suit property"). The said suit was decreed, vide judgement and decree dated 19th February, 2020. The operative portion of the judgment and decree dated 19th February, 2020 is extracted below:

"52. In the light of aforesaid findings, the suit of the plaintiff is decreed as under:

(i) A decree is passed thereby the defendants are directed to hand over the physical vacant possession of the suit property i.e., block no. 4 as shown in site plan (Ex.PW1/4) within 30 days to the plaintiff after removing their additions, alternations, stocks, furnitures, fixtures, fittings, construction, and installations. If the defendants do not remove the same, the possession will be delivered in the same position to the plaintiff and the plaintiff will not be liable to pay any damages/amount of the said construction/installations.

(ii) A decree of permanent injunction is also passed in favour of the plaintiff and against the defendants and the defendants are restrained to alienate, transfer, charge or parting with possession of the said suit property and to carry out any further alternations or additions, or to carry any further business from there [except for prayer (i)]

(iii) A decree of damages/mesne profits is also passed in favour of the plaintiff and against the defendants @ Rs.75 per sq. feet w.e.f. 23.11.1996 for the area of 2,500 sq. feet (which comes out to be Rs.1,87,500 per month) till the date of delivery of possession.

(iv) A decree is also passed in favour of the plaintiff and against the defendants by granting a reasonable interest @ 12% per annum on the aforesaid amount for the period prior to filing of the suit till the date of decree i.e. w.e.f. 23.11.1996 till date. If the defendants do not hand over the physical vacant possession of the suit property within 30 days to the plaintiff, the interest will be applicable @ 15% per annum for the future period after said 30 days at the same rate of mesne profit till delivery of possession.

(v) In the case of 'Salem Advocates Bar Association v. Union of India, 2005(6) SCC 344' the Hon'ble Supreme Court of India has dealt with the relevant provisions under the CPC, 1908 for award of