Madras High CourtCONT P/972/2016closed

Marina Square Flat Owners Asso v. Mr. Gautam Motwani

2017-02-06Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR Contempt Petition No.972 of 2016 Marina Square Flat Owners Association, rep. by its President, No.53, Santhome High Road, Mylapore, Chennai-600 004.

.. Petitioner -vsMr.Gautam Motwani, Proprietor of M/s.ALTECH, L14, Marina Square, 26/27, Santhome High Road, Mylapore, Chennai-600 004.

.. Respondent Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for willful disobedience of the order passed by this Court in W.P.No.12985 of 2015, dated 30.04.2015.

For Petitioner :

Mr.T.Mohan for M/s.K.Sumathi For Respondent :

Ms.Dakshayani Reddy * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The respondent has failed to honour the undertaking dated 30.04.2015. An unconditional apology has been tendered for not complying with the undertaking given on

30.04.2015. It is stated that the respondent was under a bonafide belief that the interim order granted by the competent authority would equally apply to him. It is stated on instruction from the contemnor present in Court that within two days, the complete premises would be vacated and handed over.

2. The apology is accepted and the statutory notice issued is discharged.

3. In view of the aforesaid facts and circumstances, we caution the respondent to be careful in future and to also deposit contribution of Rs.10,000/- (Rupees Ten Thousand only) with the Tamil Nadu Mediation and Conciliation Centre, Madras High Court Campus within fifteen days.

4. The contempt petition is closed.

SD/ JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SM/CO/06/02/2017 To 1)Mr.Gautam Motwani, Proprietor of M/s.ALTECH, L14, Marina Square, 26/27, Santhome High Road, Mylapore, Chennai-600 004.

2)The Assistant Registrar Mediation and Conciliation Centre High Court, Madras One CC to Government Pleader, SR.1919/17 One CC to Mr.M/s.Dakshayani Reddy, Advocate, SR.2112/17 One CC to Mr.M/s.K.Sumathy, Advocate, SR.1799/17