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CASE NO.: Contempt Petition (civil)  492 of 2004

PETITIONER: INTERNATIONAL SOC. KRISHNA CONSCIOUSNESS

RESPONDENT: MADHU PANDIT DASA & ORS

DATE OF JUDGMENT: 29/04/2008

BENCH: H.K. SEMA & MARKAANDEY KATJU

JUDGMENT: JUDGMENT O R D E R        

CONTEMPT PETITION (C) NO. 492 OF 2004 IN CIVIL APPEAL NO.  5657   OF 2002

       This Contempt Petition is initiated by the defendant in Suit No. 7934/2001  pending before the City Civil Court, Bangalore.  The petitioner has alleged  violation of the order passed by this Court on 6.9.2002 in    C.A.No.  5657/2002 arising out of SLP(C)No. 14649/2002.  That appeal arose out of  an order of the Karnataka High Court dated 19.4.2002 by which the appeal  of the plaintiff (respondent herein) was allowed and a temporary  injunction was granted in favour of the plaintiff restraining the defendants  or their agents from intefering with the peaceful possession and  enjoyment by the plaintiff of the suit properties i.e. Iskcon Temple Centre  at Bangalore.

       This Court while granting leave passed the order on 6.9.2002.  To  appreciate the contentions in perspective, it is essential to quote the order  in extenso.  The order reads thus:

               "Leave granted.

               Heard counsel for the parties.

       In view of the fact that the interim injunction  order has been passed pending hearing of the suit, we  are not inclined to interfere in the matter.

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       However, it is necessary to protect the interest  of the defendant-appellants.  We, therefore, direct that the  plaintiff-respondents herein shall not alienate or part with  movable property (mentioned in Schedule B-properties,  excluding free meal and prasadam), immovable property  or create any third party right in the same.  The plaintiff- respondents shall, however, carry on their religious and  other charitable activities and incur expenditure which  are essential. If any other major expenditure (exceeding  Rupees five lacs) (excluding expenditure in connection  with distribution of prasadam and free meal) is required,  that would be subject to the approval of the trial court.  

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We are further of the view that the suit requires early  disposal.  Any observations made by the court below on  merits of the case would not come in the way of the trial  court deciding the suit on merits.

       With the aforesaid directions and modifications,  the appeal stands disposed of."

       Mr. K.K.Venugopal, learned senior counsel for the petitioner invited our  attention to various items of expenditures and submits that all these  expenditures incurred by the contemnor/respondent (plaintiff)  exceeded  rupees five lacs, and thus are in violation of the order passed by this  Court dated 6.9.2002 as noted above.

       He particularly referred to the expenditure incurred by the contemnor for  purchase of the properties by the respondent after the order passed by  this Court, which according to him exceeded rupees five lacs and no  

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-3- permission was sought for from the Trial Court before the aforesaid  expenditure.  Therefore, according to learned counsel, the order passed  by this Court has been flagrantly violated and calls for punishment.         On the other hand, Shri Rakesh Dwivedi, learned senior counsel for the  plaintiff respondents has denied these allegations.

       In view of the order that we propose to pass it is not necessary to deal  with the  contentions advanced by the learned counsels for the parties.

       It has been brought to our notice and not disputed that the suit has been  ordered to be disposed of finally by August 2008. It is also not disputed  that the trial of the suit is in progress and the Trial Court has determined  to dispose of the suit on merits latest by August, 2008.

       Having regard to the contentions we dispose of the contempt petition by  directing the Trial Court to dispose of the suit peremptorily latest by  August 2008. We also direct that the suit be proceeded by day-to-day trial  till the suit is finally disposed of latest by August 2008.   We further  direct  the respondent/plaintiff to file income and expenditure accounts since  6/9/2002 till date before the Trial Court within  

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a month from today, after serving copy thereof on the defendant. It is also  open to the petitioner to file an application before the Trial Court to pass  an appropriate order to protect the properties of the Bangalore Iskcon

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temple centre and the interest of the petitioner till the pendency of the suit,  and if he does so the trial court shall pass appropriate orders  expeditiously after hearing the parties.

       Contempt petition is disposed of accordingly.         Notice is discharged.