Preview Financial Advisory Pvt Ltd And ORS v. Bivash Roy And ORS

15-12-2023 ct no. 13 Sl. 9 sp CPAN 1119 of 2023 In WPA 21099 of 2019 Preview Financial Advisory Private Limited & Ors. -VersusShri Bivash Roy & Ors.

Mr. Kumar Jyoti Tewari, Mr. Amrit Sinha, Mr. Aniruddha Tewari ...for the petitioners 1.

The petitioners have filed the instant contempt application alleging violation of the order dated June 9, 2023 and the earlier order dated March 24, 2023 by the private respondents.

2.

It is submitted that the petitioners were allowed to enter into the property initially and made it habitable but since after the order dated June 9, 2023 was passed in CAN 3 of 2023, the private respondents have put a padlock preventing the petitioners from entering into the property.

It is already recorded in the order dated June 9, 2023 that the parties have to establish their rights in civil suit.

3.

This Court is of the view that while the private respondents may have acted in violation of the order dated June 9, 2023 in

putting an additional padlock on their suit, the parties may agitate their grievances before the civil forum in accordance with law.

4.

Any right to immediate possession of the property may also be considered before a civil forum treating the orders passed in WPA 21099 of 2019 dated March 24, 2023 and June 9, 2023 as purely tentative and in interim arrangement. The same shall abide by any interim order or final order that may be passed in the civil proceeding.

5.

With the aforesaid directions, the contempt application shall stand disposed of.

6.

There shall be no order as to costs.

7.

The petitioners shall communicate this order to the respondents.

8.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)