D.M. BELGAMVALA versus TAMILNADU REAL ESTATES (P) LTD.

D.M. BELGAMVALA versus TAMILNADU REAL ESTATES (P) LTD.

The application for stay is a sheer abuse of process; eviction should proceed forthwith, and collusive actions by the Commissioner and the petitioner amount to contempt. Judicial discipline requires High Courts to follow Supreme Court orders.

Parties
Petitioner: D.M. Belgamvala; Respondent: Tamilnadu Real Estates (P) Ltd.
Jurisdiction
India
Judgment Date
24 November 2010
Procedural Posture
Interlocutory Application in Special Leave Petition (civil) / Order on Application and Initiation of Contempt Proceedings
Outcome
Interlocutory application dismissed; contempt notice issued; eviction ordered forthwith by police force; contempt petition listed for further hearing.
Legal Topics
Eviction of Tenant, Abuse of Process, Stay Order, Undertaking to Vacate, Contempt of Order, Judicial Hierarchy and Discipline
Rent Control and Eviction Administration of Justice Judicial Discipline Contempt of Court Eviction of Tenant Abuse of Process Stay Order Undertaking to Vacate +2 more

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Parties

D.M. Belgamvala

Petitioner

Tamilnadu Real Estates (P) Ltd.

Respondent

Procedural Posture

Interlocutory Application in Special Leave Petition (civil) / Order on Application and Initiation of Contempt Proceedings

Legal Issues

  1. 1 Whether the application seeking to stay eviction after undertaking is an abuse of the court's process
  2. 2 Whether the order of the Commissioner revoking demolition permission amounts to contempt
  3. 3 Whether the High Court's grant of stay after Supreme Court’s order is permissible

Ratio Decidendi

The application for stay is a sheer abuse of process; eviction should proceed forthwith, and collusive actions by the Commissioner and the petitioner amount to contempt. Judicial discipline requires High Courts to follow Supreme Court orders.

Court Disposition

Interlocutory application dismissed; contempt notice issued; eviction ordered forthwith by police force; contempt petition listed for further hearing.

Orders

  • Petitioner to be evicted from the premises forthwith by police force.
  • Contempt of court notice issued to Commissioner, Corporation of Chennai, and the petitioner.