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PETITIONER: BHATTAD LEASING & FINANCE CO. LTD.

       Vs.

RESPONDENT: MR. NUSLI NEVILLE WADIA & ORS.

DATE OF JUDGMENT30/10/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1995 SCC  Supl.  (4) 210 JT 1995 (8)   192  1995 SCALE  (6)383

ACT:

HEADNOTE:

JUDGMENT: O R D E R      Leave granted.      Having heard  all the  counsel for  both the parties in extenso and perusing relevant material on record, ultimately we conclude  that this  is not  a case  fit  for  convicting respondent No.5,  6 and  7 for  violation of  the status quo order made  by the  High Court  on May  30, 1994. No case of contempt arises  against respondents  Nos.1 to 4. Though 6th respondent was  served with  the notice  directing him to be present, he  was not  present. Had  we been  informed at the beginning, we  would have  taken appropriate  steps for  his presence by  non-bailable warrants.  But at  the end  of the arguments, we  were informed  of it. We strongly condemn his conduct as unbecoming of a responsible citizen.      However, these  facts which  emerged at the hearing are relevant facts  to be considered for the purpose of disposal of the  writ petition  on merits. Since the writ petition is pending, we  decline to express any opinion on the facts and circumstances  and  on  merits.  The  contempt  petition  is accordingly dismissed.      However, the  High Court is requested to dispose of the writ petition as expeditiously as possible preferably within six months from the date of receipt of this order.      The Receiver’s  report  disclosed  that  possession  of 39000 sq.  mts. of  land was given by respondent Nos.5 and 6 to the  East West  Development Company. In that behalf since the controversy  was not  focussed in the High Court and the matter has  come to  light only through the report submitted by the  Court Receiver  after the  contempt proceedings were initiated, it  is open to the petitioner to take appropriate action  according   to  law.   The   appeal   is   dismissed accordingly.