M/S SITARAM ENTERPRISES versus PRITHVIRAJ VARDICHAND JAIN

M/S SITARAM ENTERPRISES versus PRITHVIRAJ VARDICHAND JAIN

The respondent/contemnor deliberately and willfully disobeyed the Supreme Court’s order dated 06.06.2023 to deliver vacant possession and was held guilty of contempt; in view of his age and health the Court granted seven days to hand over vacant and peaceful possession and directed forceful execution if he failed to comply, and directed recovery of amounts spent in executing warrants.

Parties
Petitioner Landlord: M/s Sitaram Enterprises; Respondent Tenant/contemnor: Prithviraj Vardichand Jain
Jurisdiction
India
Judgment Date
09 September 2024
Procedural Posture
Contempt Petition (civil) / Disposed by Supreme Court Order Dated 09.09.2024
Outcome
Contempt Petitions disposed of; respondent/contemnor held guilty of contempt
Legal Topics
Article 129 of the Constitution of India, Contempt Powers, Eviction, Landlord Tenant, Willful Non Compliance of Court Order, Undertaking/affidavit, Personal Appearance, Bailable and Non Bailable Warrants
Contempt of Court Constitutional Law Property Law Article 129 of the Constitution of India Contempt Powers Eviction Landlord Tenant Willful Non Compliance of Court Order +3 more

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Parties

M/s Sitaram Enterprises

Petitioner Landlord

Prithviraj Vardichand Jain

Respondent Tenant/contemnor

Procedural Posture

Contempt Petition (civil) / Disposed by Supreme Court Order Dated 09.09.2024

Legal Issues

  1. 1 Whether the respondent/contemnor deliberately and willfully failed to comply with this Court’s order dated 06.06.2023 to deliver vacant possession of the suit premises and is guilty of contempt of Court.

Ratio Decidendi

The respondent/contemnor deliberately and willfully disobeyed the Supreme Court’s order dated 06.06.2023 to deliver vacant possession and was held guilty of contempt; in view of his age and health the Court granted seven days to hand over vacant and peaceful possession and directed forceful execution if he failed to comply, and directed recovery of amounts spent in executing warrants.

Court Disposition

Contempt Petitions disposed of; respondent/contemnor held guilty of contempt

Orders

  • Respondent/contemnor shall hand over vacant possession of both properties to M/s Sitaram Enterprises within seven days in furtherance of the order dated 06.06.2023.
  • If respondent fails to comply within seven days, possession shall be taken on a warrant of possession issued by the 68th Judicial Magistrate, First Class, Borivali West, Mumbai, with police help in the presence of a Court Commissioner who shall prepare inventory and hand over belongings against receipt; fees and...