ITEM NO.7 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 294/2015 In SLP(C) No. 25291/2012 NAR SINGH DASS GUPTA Petitioner(s) VERSUS RAM PATI (WIDOW) AND ORS. Respondent(s) (with office report) Date : 14/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Abhishek Atrey, AOR Mr. Sunil Agrwal, Adv. Mr. Sumit Rajora, Adv. For Respondent(s) Mr. S.D. Singh, Adv. Mrs. Bharti Tyagi, Adv. Mr. Surabhi Shokla, Adv. UPON hearing the counsel the Court made the following O R D E R In pursuance of our earlier order, the respondent nos.6 and 7 are present. It is submitted by learned counsel for the parties that on instructions, they have come to know that the premises is long vacant. Regard being had to the order dated 26.08.2014, the respondents shall hand over the keys and possession of the house to the petitioner in presence of the Court Superintendent deputed by the learned trial Judge. If the keys are not handed over, the Court Superintendent shall seek police help and take over the possession and hand it over to the petitioner or his authorized representative. The contempt petition is accordingly disposed of. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
Listed on 14.09.2015 Before Court No. 5 Item No. 7 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 294/2015 IN PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No. 25291/2012 WITH PRAYER FOR INTERIM RELIEF NAR SINGH DASS GUPTA APPLICANT/PETITIONER VERSUS RAM PATI(WIDOW) & ORS. ALLEGED CONTEMNORS OFFICE REPORT The contempt petition in the matter above mentioned was listed before the Hon'ble Court on 07.09.2015, when the Court was pleased to pass the following order:- “Let the matter be listed on 14th September, 2015. All the respondents shall remain personally present on that day, failing which this Court may think of issuing non-bailable warrants of arrest against them. The Assistant Commissioner of Police shall see to it that all the respondents appear personally before this Court on that day. When we say to appear personally, it means that the authority will inform all the respondents about the order passed today. The petitioner is also at liberty to serve a copy of the order on the respondents. The respondent No.6, who is identified by Mr. S.D. Singh, learned counsel representing him, is personally present in the Court. That does not mean that his personal presence stands exempted on the next date of hearing. He shall also remain personally present on that day at 10.30 a.m.” It is submitted that as aforesaid order, fresh show cause notice to all the 7 respondents was issued on 08.09.2015 through Mr. Ravinder Kumar Tyagi, ACP, North West District, New Delhi by special Messenger and Dasti show cause notice to counsel for the petitioner was handed over on 08.09.2015.
It is further submitted that Mr. Ravinder Kumar Tyagi, ACP, North West District has on 11.09.2015 filed affidavit of service report stating that Respondent No. 6 (i.e.) M.L. Sharma and Respondent No. 7 i.e. Smt. Nemo Devi were found at A-87, II Floor Kewal Park , Extension, Azadpur, Delhi and Contempt notice were handed over to them and report of notice were obtained. In respect of Contemnor Nos. 1 to 5, contempt notice could not be executed. However, a copy of notice has been pasted on the front wall of H. No. C-11, New Cotage Road, Adarsh Nagar Extension, Azadpur, Delhi (Copy of Affidavit is enclosed herewith). It is further submitted that Mrs. Bharti Tyagi, Advocate has on 11.09.2015 filed Vakalatnama/Appearance on behalf of alleged contemnor No. 6 (Mr. M.L. Ram). It is further submitted that counsel for the petitioner has not filed affidavit of dasti service so far. Service is not complete on alleged Contemnor Nos. 1 to 5. The contempt petition in the matter above-mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS, THE 12 th DAY OF SEPTEMBER, 2015. ASSISTANT REGISTRAR. Copy to : 1. Ms. Bharti Tyagi, Advocate 2. Ms. Abhishek Atrey, Advocate ASSISTANT REGISTRAR P-2/Avi
< ITEM NO.7 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 294/2015 In SLP(C) No. 25291/2012 NAR SINGH DASS GUPTA Petitioner(s) VERSUS RAM PATI (WIDOW) AND ORS. Respondent(s) (with office report) Date : 14/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Abhishek Atrey, AOR Mr. Sunil Agrwal, Adv. Mr. Sumit Rajora, Adv. For Respondent(s) Mr. S.D. Singh, Adv. Mrs. Bharti Tyagi, Adv. Mr. Surabhi Shokla, Adv. UPON hearing the counsel the Court made the following O R D E R In pursuance of our earlier order, the respondent nos.6 and 7 are present. It is submitted by learned counsel for the parties that on instructions, they have come to know that the premises is long vacant. Regard being had to the order dated 26.08.2014, the respondents shall hand over the keys and possession of the house to the petitioner in presence of the Court Superintendent deputed by the learned trial Judge. If the keys are not handed over, the Court Superintendent shall seek police help and take over the possession and hand it over to the petitioner or his authorized representative.Signature Not VerifiedDigitally signed byGulshan Kumar AroraDate: 2015.09.1913:33:21 IST The contempt petition is accordingly disposed of.Reason: (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
CP(C) 294/15 1 ITEM NO.9 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT. PET.(C) No.294 of 2015 In S.L.P.(C) No.25291 of 2012 NAR SINGH DASS GUPTA Petitioner(s) VERSUS RAM PATI (WIDOW) AND ORS. Respondent(s) (With office report) Date : 07/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Abhishek Atrey, AOR Mr. Sunil Agarwal, Adv. Mr. Sumit Rajora, Adv. For Respondent(s) Mr. S.D. Singh, Adv. Mrs. Bharti Tyagi, Adv. UPON hearing the counsel the Court made the following O R D E R Let the matter be listed on 14 th September, 2015. All the respondents shall remain personally present on that day, failing which this Court may think of issuing non-bailable warrants of arrest against them. The Assistant Commissioner of Police shall see to it that all the respondents appear personally before this Court on that day. When we say to appear personally, it means that the authority will inform all the respondents about the order passed today. The petitioner is also at liberty to serve a copy of the order on the respondents.
CP(C) 294/15 2 The respondent No.6, who is identified by Mr. S.D. Singh, learned counsel representing him, is personally present in the Court. That does not mean that his personal presence stands exempted on the next date of hearing. He shall also remain personally present on that day at 10.30 a.m. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
Listed on: 07.09.2015 Before Court No. 5 Item No. 9 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTON CONTEMPT PETITION (C) NO. 294/2015 IN PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No. 25291/2012 WITH PRAYER FOR INTERIM RELIEF NAR SINGH DASS GUPTA APPLICANT/PETITIONER VERSUS RAM PATI(WIDOW) & ORS. ALLEGED CONTEMNORS OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 13.07.2015, when the Court was pleased to pass the following order:- “On a perusal of the Office Report, it transpires that service is not complete. Learned counsel is permitted to file fresh requisites within a week hence. The Registry shall send them to the concerned Superintendent of Police, who shall effect service on the Respondent No. 2, Dinesh and the respondent No. 6, M.L. Ram, fixing a date for their personal appearance on 7 th September, 2015. ” It is submitted that in view of aforesaid order, instead of furnishing fresh address, counsel for the petitioner has on 29.07.2015 filed a letter stating address of the Respondents which are given in the petition are only address known to petitioners and to issue summons on same address(Copy of letter dated 28.07.2015 is enclosed herewith). Accordingly Fresh show cause notice to Respondent Nos. 1, 3 to 5 & 7 was issued on 03.08.2015 and Respondent Nos. 2 and 6 through Mr. Gyan Smbandan, DCP North West District, Ashok Vihar, Delhi was sent on 01.08.2015 by special Messenger. Unserved cover received from Respondent Nos. 1, 3 & 5 with postal remarks ' No such person on the
said address'. Neither AD nor unserved cover received from Respondent Nos. 4 & 7. It is further submitted that DCP, North West District has on 04.09.2015 sent affidavit of service report in respect of Respondent No. 2 Dinesh and Respondent No. 6 i.e. Mr. M.L. Sharma, stating that sincere efforts were made to trace Sh. Dinesh (Respondent No. 2) but no clue of Dinesh was received so far. However a copy of notice and petition has been pasted on the front wall of H. No. C-11, New Cottage Road, Adarsh Nagar Extension, Azadpur, Delhi and in respect of Respondent No. 6 Mr. M.L. Sharma, contempt notice was handed over and receipt obtained (Copy of Affidavit included herewith). Service is not complete on Respondent Nos. 1 to 5 and 7.. The Contempt Petition in the matter above-mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS, THE 04 th DAY OF SEPTEMBER, 2015. ASSISTANT REGISTRAR. Copy to : 1. Ms. Bharti Tyagi, Advocate 2. Ms. Abhishek Atrey, Advocate ASSISTANT REGISTRAR P-2/Avi
ä CP(C) 294/15 1 ITEM NO.9 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT. PET.(C) No.294 of 2015 In S.L.P.(C) No.25291 of 2012 NAR SINGH DASS GUPTA Petitioner(s) VERSUS RAM PATI (WIDOW) AND ORS. Respondent(s) (With office report) Date : 07/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Abhishek Atrey, AOR Mr. Sunil Agarwal, Adv. Mr. Sumit Rajora, Adv. For Respondent(s) Mr. S.D. Singh, Adv. Mrs. Bharti Tyagi, Adv. UPON hearing the counsel the Court made the following O R D E R Let the matter be listed on 14th September, 2015. All the respondents shall remain personally present on that day, failing which this Court may think of issuing non-bailable warrants of arrest against them. The Assistant Commissioner of Police shall see to it that all the respondents appear personally before this Court on that day. When we say to appear personally, it means that the authoritySignature Not Verified will inform all the respondents about the order passed today.Digitally signed byChetan KumarDate: 2015.09.07 The petitioner is also at liberty to serve a copy of the17:08:02 ISTReason: order on the respondents.CP(C) 294/15 2 The respondent No.6, who is identified by Mr. S.D. Singh, learned counsel representing him, is personally present in the Court. That does not mean that his personal presence stands exempted on the next date of hearing. He shall also remain personally present on that day at 10.30 a.m. (Chetan Kumar) (H.S. Parasher) Court Master Court Master
ITEM NO.13 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT. PET.(C) No.294 of 2015 In S.L.P.(C) No.25291 of 2012 NAR SINGH DASS GUPTA Petitioner(s) VERSUS RAM PATI (WIDOW) AND ORS. Respondent(s) (With office report) Date : 13/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Sunil Agarwal, Adv. Mr. R.C. Gupta, Adv. Mr. Abhishek Atrey, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R On a perusal of the Office Report, it transpires that service is not complete. Learned counsel is permitted to file fresh requisites within a week hence. The Registry shall send them to the concerned Superintendent of Police, who shall effect service on the respondent No.2, Dinesh and the respondent No.6, M.L. Ram, fixing a date for their personal appearance on 7 th September, 2015. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
î ITEM NO.13 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT. PET.(C) No.294 of 2015 In S.L.P.(C) No.25291 of 2012 NAR SINGH DASS GUPTA Petitioner(s) VERSUS RAM PATI (WIDOW) AND ORS. Respondent(s) (With office report) Date : 13/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Sunil Agarwal, Adv. Mr. R.C. Gupta, Adv. Mr. Abhishek Atrey, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R On a perusal of the Office Report, it transpires that service is not complete. Learned counsel is permitted to file fresh requisites within a week hence. The Registry shall send them to the concerned Superintendent of Police, who shall effect service on the respondent No.2, Dinesh and the respondent No.6, M.L. Ram, fixing a date for their personal appearance on 7th September, 2015.Signature Not VerifiedDigitally signed byChetan KumarDate: 2015.07.1317:32:43 ISTReason: (Chetan Kumar) (H.S. Parasher) Court Master Court Master
ITEM NO.16 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No.294 of /2015 In S.L.P.(C) No.25291 of 2012 NAR SINGH DASS GUPTA Petitioner(s) VERSUS RAM PATI (WIDOW) AND ORS. Respondent(s) (With office report) Date : 08/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. Sunil Agarwal, Adv. Mr. Abhishek Atrey, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, fixing a returnable date within six weeks. Let the matter be listed on 13 th July, 2015. The respondent No.2, Dinesh and the respondent No.6, M.L. Ram, shall remain personally present on that date in this Court. The personal presence of the other respondents stand dispensed with at this stage. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
Listed on: 08.05.2015 Before Court No. Item No. SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTON CONTEMPT PETITION (C) NO. 294/2015 IN PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No. 25291/2012 WITH PRAYER FOR INTERIM RELIEF LAL MAN (D) THR LRS AND ORS Petitioners VERSUS NAR SINGH DASS GUPTA Respondent OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 26.08.2014, when the Court was pleased to pass the following order:- “ Having heard learned counsel for the parties at length, we do not find any merit in this special leave petition. At this juncture, Mr. Gupta, learned senior counsel for the petitioners submitted that the cost imposed by the learned Single Judge in the first appeal should be made easy. Mr. Mata, learned senior counsel for the respondent submitted that he has no objection for the same. In view of the statement made at the Bar, while dismissing the special leave petition, we make the cost easy. After dismissal of the SLP, learned counsel for the petitioners submitted that they are prepared to vacate the premises on instructions sought from the petitioners and hand over the peaceful possession along with construction standing thereon in respect of the entire area within six months. However, Mr. Gupta submitted that the plaintiff should not proceed as regards the mesne profits. Mr. Mata, immediately acceded to the said position. Regard being had to the same, it is directed that all the petitioners shall hand over the vacant possession of the area and the construction to the plaintiff within six months hence. An usual undertaking to that effect shall be filed by all the petitioners within four weeks hence. They shall not create any third party interest in any manner whatsoever. That apart, the petitioners shall hand over the key of the house and the possession of the land in presence of a court
superintendent deputed by the learned Trial Judge. If the petitioners do not hand over the possession and vacate the premises as stated herein before, they shall be liable for contempt of this Court. ” It is submitted that in view of aforesaid order, counsel for the petitioner has on 25.09.2014 filed affidait of undertaking but the same is not in confirmity to this Court's order. It is further submitted that counsel appearing for sole respondent has filed Contempt Petition against the petitioners/alleged contemnors for willfuly disobedience of Court's Order dated 26.08.2014 (Registered as Contempt Petition No. 294/2015) and the same has been placed with SLP Paper Books. The Contempt Petition in the matter above-mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS, THE 02 nd DAY OF MAY, 2015. ASSISTANT REGISTRAR. Copy to : 1. Ms. Bharti Tyagi, Advocate 2. Ms. Abhishek Atrey, Advocate ASSISTANT REGISTRAR P-2/Avi