Ram Kishore Arora vs Supernova Apartment Owners ...
- CitationContempt Case (AT) No. 20 of 2025
Ratio decidendi
The rule this decision rests on
Where the handing over of possession has in fact been made to the party for whom the order was intended, and any later grievance concerns a subsequent action by another party, no contempt proceeding lies for alleged violation of the earlier order; the proper course for any later grievance is a separate proceeding raising the appropriate issues, and absent wilful disobedience of the order, the contempt application is to be dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Supernova Apartment Owners' Association (SNAOA) ...Applicant
Versus
Ram Kishore Arora Director (Powers Suspended) Supertech Realtors Pvt. Ltd. & Ors. ...Respondents
Present: For Applicant: Mr. Govind Jee, Ms. Omanakuttan KK, Ms. Rambha Singh, Advocates. For Respondents: Mr. Nishnat Awana, Mr. Suraj Kundu, Advocates for Bank of Maharashtra.
ORDER
(Hybrid Mode)
07.07.2025: This Contempt Application has been filed by the Applicant
praying for initiation of contempt proceeding for alleged violation of order
dated 18.03.2025 passed by this Tribunal in IA No.8083 of 2024. Learned
counsel for the Applicant has referred to Paras 28, 29 and 30 of the order and
submitted that IA No.8083 of 2024 was allowed and it is submitted that in
pursuance of the order the Handing Over Agreement was entered between the
parties. Learned counsel for the Application submits that subsequent to
Handing Over Agreement some issues arose with M/s. YG Estates with regard
to possession of shops.
We are of the view that handing over having been made to the
Association i.e. Applicant by M/s. YG Estates, we see no reason to initiate any
contempt proceeding for violation of order dated 18.03.2025. If the Applicant
Cont'd.../ 2
has some grievance with regard to any subsequent action, remedy lies in
raising appropriate issues by separate proceeding. We do not find any wilful
disobedience of order dated 18.03.2025. Contempt Application is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Contempt Case (AT) No. 20 of 2025 in I.A. No. 8083 of 2024 in Company Appeal (AT) (Insolvency) No. 1203 of 2024
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