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.