BOARD OF TRUSTEES OF PORT OF MUMBAI Vs. NIKHIL N GUPTA & ANR

Supreme Court of India (Division Bench (DB)- Two Judge)

Contempt Petition (Civil), 277 of 2012, Judgment Date: Feb 02, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                         CIVIL ORIGINAL JURISDICTION

                        CONMT.PET.(C) No. 277 OF 2012
                                     IN
                SPECIAL LEAVE PETITION (C) No. 26541 OF 2005


BOARD OF TRUSTEES OF PORT OF MUMBAI                            Petitioner(s)


                                VERSUS

NIKHIL N GUPTA & ANR                                           Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Delay in filing the petition is condoned.
2.    The contemnor - Nikhil N. Gupta is present in Court.  It is seen  that
the respondents  and  other  obstructionists  have  surrendered  the  vacant
possesion of the building in question to the petitioner.
3.    On 23.04.2015, this Court had passed the following order :-
"Heard.
Mr Shyam Divan,  learned  senior  counsel  appearing  for  the  respondents-
contemnors, has filed a list of occupants in the disputed property which  is
taken on record.  He further submits  that  the  respondents-contemnors  has
already deposited an amount of Rs.  82,37,958.11  before  this  Court  which
fact is not disputed by counsel opposite who submits that the matter is  now
awaiting further direction from the Executing  Court,  in  view  of  certain
obstructions which the bailiff had noted in the matter of delivering  vacant
and peaceful possession of the property to the decree  holder.   He  further
submits that the Executing Court has issued notices to the  obstructionists,
some of whom have already been served but some of them remain to  be  served
and that the matter is now coming up for hearing before the Executing  Court
on Thursday, the 7th May, 2015.
      In the circumstances, we adjourn  this  matter  till  after  7th  May,
2015, to be posted on Wednesday, the 15th July, 2015.  The  Executing  Court
shall submit a report as to the progress made in the  execution  proceedings
in the meantime."

4.    The contemnor - respondent, who is present in Court, has  tendered  an
unconditional apology before the  Court.   Having  regard  tothe  affidavits
filed and the background of the various orders passed by this Court, we  are
inclined to accept the apology and drop the proceedings in contempt  against
the respondents.  Ordered accordingly.
5.    It is seen that pursuant to order dated  10.10.2014,  the  respondents
have deposited an amount of Rs.  82,37,958.11  before  this  Court  and  the
same, it is reported, is lying in the interest bearing account.
6.    The learned counsel for the petitioner has submitted that pursuant  to
the order dated 01.12.2015, the petitioner has already filed an  application
before the  Court  of  Small  Causes  at  Mumbai  regarding  mesne  profits.
Though,  Mr.  Shyam  Divan,  learned  senior  counsel  appearing   for   the
respondents,  pursuasively  submitted  that  the  amount  deposited  may  be
returned to the respondents and the enquiry of mesne profits  may  take  its
own course, we are not inclined to accept this submission.
7.    We are informed by the learned counsel for  the  petitioner  that  the
application now filed for the mesne profits is for more than Re. One  Crore.
 Be that as it may, the amount lying in deposit before the Registry of  this
Court shall be transferred to the Court of  Small  Causes,  Mumbai  together
with interest  in case No. LE & C Suit No. 355/481/1978.  However, it  would
be open to the respondents to file an application, if so advised,  regarding
release or otherwise of the amount ordered to be  transferred  to  the  said
Court.

8.    With the above observations and directions, the  contempt  proceedings
against the respondents are dropped.
9.    We make it clear that all contentions regarding the mesne profits  are
left open to the parties to be addressed  before  the  Small  Causes  Court,
Mumbai in the pending proceedings.  We also direct the Small  Causes  Court,
Mumbai to dispose of the proceedings expeditiously and preferably  within  a
period of one year.
10.   In view of the above, the Contempt Petition is disposed of.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      February 02, 2016.