SANT LAL GUPTA & ORS. versus UMESH KUMAR JAIN & ORS.

SANT LAL GUPTA & ORS. versus UMESH KUMAR JAIN & ORS.

Although the alleged contemnors violated Supreme Court orders by failing to vacate despite undertakings, in view of equities (their lawful induction against vacancies, payment of instalments and benefit to construction) the Court directed them to vacate by 31.08.2019 and provided remedial directions: re-admission and allotment of vacated flats to the persons earlier directed to be readmitted, an option for alleged contemnors to deposit Rs.10 lakhs by 31.10.2019 to secure re-admission and entitlement to apartments in a newly constructed 18-apartment tower, and directed the Administrator to seek municipal permissions and carry out allotment procedures.

Parties
Contempt Petitioners: SANT LAL GUPTA & ORS.; Alleged Contemnors: UMESH KUMAR JAIN & ORS.; Society/administrator: Modern Cooperative Group Housing Society Limited / Administrator
Jurisdiction
India
Judgment Date
08 May 2019
Procedural Posture
Contempt Petition (civil) / Disposed
Outcome
These Contempt Petitions stand disposed of.
Legal Topics
Membership and Allotment, Vacation of Premises, Construction and FAR, Enforcement of Undertakings
Contempt of Court Cooperative Society Law Property Law Civil Procedure Membership and Allotment Vacation of Premises Construction and FAR Enforcement of Undertakings

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Parties

SANT LAL GUPTA & ORS.

Contempt Petitioners

UMESH KUMAR JAIN & ORS.

Alleged Contemnors

Modern Cooperative Group Housing Society Limited / Administrator

Society/administrator

Procedural Posture

Contempt Petition (civil) / Disposed

Legal Issues

  1. 1 Whether the alleged contemnors violated Supreme Court orders by not vacating apartments despite undertakings
  2. 2 Whether equitable relief in the form of directing construction of a new building and re-allotment can mitigate competing equities between expelled members and inducted members
  3. 3 Whether alleged contemnors could be re-admitted and allotted apartments subject to deposits and municipal approvals

Ratio Decidendi

Although the alleged contemnors violated Supreme Court orders by failing to vacate despite undertakings, in view of equities (their lawful induction against vacancies, payment of instalments and benefit to construction) the Court directed them to vacate by 31.08.2019 and provided remedial directions: re-admission and allotment of vacated flats to the persons earlier directed to be readmitted, an option for alleged contemnors to deposit Rs.10 lakhs by 31.10.2019 to secure re-admission and entitlement to apartments in a newly constructed 18-apartment tower, and directed the Administrator to seek municipal permissions and carry out allotment procedures.

Court Disposition

These Contempt Petitions stand disposed of.

Orders

  • All the alleged contemnors shall vacate their respective apartments on or before 31.08.2019 and the apartments so vacated shall thereafter be allotted to those persons who were directed to be re-admitted as members in terms of para 9 of the Registrar, Cooperative Societies order dated 24.02.2012; the allotment shall...
  • Each alleged contemnor, if he or she desires a new apartment in the newly erected building, shall deposit a sum of Rs.10 lakhs with the Administrator of the Modern Cooperative Group Housing Society Limited on or before 31.10.2019 and file an appropriate affidavit undertaking to abide by any further requisitions...