P K Nayyar v. S K Srivastava & ANR

$24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM Appi. 21145/2014 in CONT.CAS(C) 102/2014 P K NAYYAR Petitioner Through: Mr. Pawan Kumar Bahl with Mr.

Veeresh Kr. Sharma, Advs.

versus S K SRI VASTAVA & ANR Respondent Through: Mr. Sanjoy Ghose with Mr.

Vikramaditya, Ms. Nikhita Khetrapal, Advs. for Ms. Nidhi Raman, Adv. for R-1 Mr. Madan Gera, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

ORDER

% 15.12.2015 Learned counsel for respondent No. 2 states that in compliance with notice dated 071h May, 2015 and clause 4 of the agreement dated 19th May, 2005, his clients have removed the entire infrastructure and equipment installed on the land at Okhla near Sukhdev Vihar, New Delhi except the boundary wall and gate.

Mr. Ghose, learned counsel for respondent No. 1 states that possession of the plot at Okhla near Sukhdev Vihar, New Delhi was taken over and locked on 20th July, 2015. He further states that the electricity connection has been disconnected as well as the meter has been removed on 22nd July, 2015 and thereafter, the premises has been sealed.

By:AMULYA

Learned counsel for the petitioner does not dispute the aforesaid facts.

Mr. Bahi, learned counsel for the petitioner, however, states that the area needs to be disinfected.

However, this Court finds that no such direction has been issued by the Division Bench of this Court in its judgment and order dated 15th January, 2013.

Consequently, such a direction in contempt jurisdiction cannot be passed. If the petitioner so desires, he would be at liberty to file appropriate proceedings in accordance with law for the said purpose. Consequently, the present contempt proceedings are closed and the notices issued are discharged. Pending application also stands disposed of.

MANMOHAN, J DECEMBER 15, 2015 NG 4'