JUDGEMENT

MANMEET PRITAM SINGH ARORA, J:

1.By the order dated 02.03.2020 of this Court, the Respondent no.1, Mr. Ankur Jain, has been held guilty of contempt for willful breach of the undertakings given by him on 18.07.2018 and 01.08.2018 to this Court in RFA No. 857/2017.

2.The Respondent no.1, contemnor was served with a notice for his personal appearance before the Court for awarding punishment.

3.Learned counsel for the Petitioner states that Respondent no.1, is the legal heir of the original defendant Dr. J.K. Jain in CS(OS) No. 1311/2001. He states that Dr. J.K. Jain was made a Director of the Petitioner company in 1980 and he was provided the property at Scindia Villa, Scindia Potteries Compound, Sarojini Nagar, New Delhi (‘the suit premises’) for his residence.

3.1He states that facts evidencing the wilful breach of the undertakings by Respondent no. 1 has been set out in the order dated 02.03.2020 passed by this Court. He states that even after his conviction, the Respondent no.1 had exhibited complete disregard for the legal process and has obstructed the recovery of possession of the suit premises.

3.2He states that Respondent no. 1 acted to the prejudice of the Petitioner and with a view to obstruct the execution of the judgment and decree dated 17.07.2017, wrote a letter dated 15.02.2019 to the Interim Resolution Professional (‘IRP’) M/S Noida Software Technology Private Ltd.(‘NSTPL’) provoking him to take the possession of the suit premises so as to frustrate the warrants of possession issued by the executing court on 01.02.2019. The IRP in Dena Bank v. NSTPL, acted upon the letter of the Respondent no. 1 and took possession of the suit premises from Respondent no. 1 and his family on 16.02.2019.

3.3He states that the Petitioner herein was thus, compelled to approach the National Company Law Tribunal (‘NCLT’) for seeking possession of the suit premises from the IRP. He states that the NCLT vide order dated 18.07.2022 held that the suit premises do not belong to NSTPL and directed Resolutional Professional (‘RP’) to hand over the possession of the suit premises to the Petitioner. He states that the Respondent no. 1 opposed the Petitioner’s plea for handover of possession of the suit premises before the NCLT in the aforesaid proceedings.

3.4He further referred to the objections filed by a company, Dr. Jain Clinic Pvt. Ltd. before the executing court objecting to the issuance of warrants of possession. He states that the said objections were filed at the instance of Respondent no.1’s mother Mrs. Ragini Jain. He relies upon a resolution dated 19.10.2019 signed by Mrs. Ragini Jain in this regard.

3.5He states that though the conditional interim stay was vacated in 2018 and in the due course the Petitioner should have received the possession in 2018 in compliance with the judgement and decree dated

17.07.2017, however as is evident from the record, the Petitioner was able to recover possession of the suit premises on 22.07.2022, after multiple legal proceedings. The suit premises was handed over to the Petitioner by the RP in the matter of insolvency of Jain Studios Pvt. Ltd. by way of a handover letter on 22.07.2022.

3.6He states that the suit for possession was instituted on 01.06.2001 and decreed on 17.07.2017. The possession was recovered in 2022. He states that these glaring facts evidence that the Respondent no.1 and his family members abused the legal process to deny the Petitioner, the owner of the suit premises, its right of possession.

3.7He states that the obstruction in recovery of possession of the suit premises by Respondent no.1 evidences his disregard for the judicial process and interference in the administration of justice and therefore prays that maximum punishment should be awarded to the Respondent no. 1.

4.In reply, learned senior counsel for Respondent no.1 states that Respondent no.1 has filed an affidavit dated 01.12.2022 to set out facts which enlist the circumstances which led to his inability to compl