IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

Contempt Petition (C) No. 211 of 2008  in  

SLP (C) No. 17486 of 2007   

Anil Kumar Sanghvi        …Petitioner

VERSUS

Kamalabai & Ors.          ..Respondent(s)      

O R D E R

1. This  is  an  application  for  initiating  a  contempt  proceeding  against  the  

respondents for not complying with the order dated 1st of October, 2007 passed in SLP  

(C) No17486 of 2007 filed at the instance of the landlord/applicant.  By the said order,  

we  had  dismissed  the  Special  Leave  Petition  but  granted  time  to  the  

tenants/contemnors to vacate the premises in question by 31st of March, 2008, in which  

the contemnors were tenants under the landlord/applicant.  In the aforesaid order, we  

also directed the tenants/contemnors to file an undertaking to vacate the premises on  

conditions i.e. (i) to pay all arrears of rent and (ii) to deliver peaceful and vacant khas  

possession to the landlord/applicant on the expiry of the period mentioned above.  

2. In compliance with the above said direction, an undertaking was filed in this  

Court by the tenants/contemnors saying that they shall vacate the premises by 31st of  

March,  2008 and also  pay  the  arrears  of  rent.   However,  this  order  has  not  been  

complied with. Although the time to vacate the premises had expired on 31st of March,  

2008, but the possession has been delivered to the landlord/applicant only on 14th of  

July,  2009, that is,  after filing the contempt application before us.  In our view, the  

aforesaid  facts  would  clearly  show  that  the  conduct  of  the  tenants/contemnors  is  

contemptuous  and  therefore,  strong  action  should  be  taken  and  proceeding  for  

contempt should be initiated against them.  But considering the fact that the possession

of the  premises in question has already been delivered, though belatedly, we feel it  

proper  in  the  facts  and  circumstances  of  the  case,  not  to  initiate  the  contempt  

proceeding  against  the  tenants/contemnors  but  only  to  direct  them  to  pay  all  the  

arrears of rent to the landlord/applicant and in addition to pay cost of Rs.30,000/- to  

the landlord/applicant for illegally and deliberately delaying in delivering possession of  

the premises in question in spite of filing an undertaking in this Court. Such payment  

shall be made within 4 weeks from this date.  

3. In default, put up for further orders.  In the event, the amount, as directed above, is  

paid to the landlord/applicant, the application for contempt shall stand disposed of.  

There will be no order as to costs in the Contempt Application.      

…….……………………J.              [TARUN CHATTERJEE]

New Delhi;                           ….…..………………..J. July 31, 2009                        [R. M. LODHA]